CIHM 
Microfiche 


(Monographs) 


ICIMH 

Collection  de 
microfiches 
(monographies) 


Cunadian  Institute  for  Historical  Microraproductions  /  Institut  Canadian  de  microraproductions  historiques 


'^^SfsL'^M^^rr. 


Technical  and  Bibliographic  Notes  /  Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best  original 
copy  available  for  filming.  Features  of  this  copy  which 
may  be  bibliographically  unique,  which  may  alter  any  of 
the  images  in  the  reproduction,  or  which  may 
significantly  change  the  usual  method  of  filming  are 
checked  below. 


n 


□ 

D 
D 
D 
D 

D 


Coloured  covers  / 
Couverture  de  couleur 

Covers  damaged  / 
Couverture  endommag6e 

Covers  restored  and/or  laminated  / 
Couverture  restaurde  et/ou  pellicuide 

.  Cover  title  missing  /  Le  titre  de  couverture  manque 

Coloured  maps  /  Cartes  g^ographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)  / 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations  / 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material  / 
Reli6  avec  d'aulres  documents 

Only  edition  available  / 
Seule  Edition  disponible 

Tight  binding  may  cause  shadows  or  distortion  along 
interior  margin  /  La  reliure  serr^e  peut  causer  de 
I'ombre  ou  de  la  distorsion  le  long  de  la  marge 
int^rieure. 

Blank  leaves  added  during  restorations  may  appear 
within  the  text.  Whenever  possible,  these  have  been 
omitted  from  filming  /  Use  peut  que  certaines  pages 
blanches  ajout^es  lors  d'une  restauraiion 
apparaissent  dans  le  lexte,  mais,  lorsque  cela  ^tait 
possible,  ces  pages  n'ont  pas  et6  filmees. 


0 


Additional  comments  / 
Commentaires  supplemenlaires: 


various  pagings. 


L'Institut  a  microfilm^  le  meilleur  exemplaire  qu'il  lui  a 
^t^  possible  de  se  procurer.  Les  details  de  cet  exem- 
plaire qui  sont  peut-6tre  uniques  du  point  de  vue  bibli- 
ographique,  qui  peuvent  mod''ier  une  image  reproduite, 
ou  qui  peuvent  exiger  une  modification  dans  la  m^tho- 
de  normale  de  filmage  sont  indiqu^s  ci-dessous. 

Coloured  pages  /  Pages  de  couleu* 

Pages  damaged  /  Pages  endommag6es 

□   Pages  restored  and/or  laminated  / 
Pages  restaur^es  et/ou  pellicul^es 

0  Pages  discoloured,  stained  or  foxed  / 
Pages  d^color^es,  tachet^es  ou  piqu^es 

r     I   Pages  detached  /  Pages  detachees 

I  y\  Showlhrough  /  Transparence 

I      I   Quality  of  print  varies  / 


n 


D 


Qualild  in^gale  de  I'impression 

Includes  supplementary  material  / 
Comprend  du  materiel  suppl6menfaire 

Pages  wholly  or  partially  obscured  by  errata  slips, 
tissues,  etc.,  have  been  refilmed  to  ensure  the  best 
possible  image  /  Les  pages  totalement  ou 
partiellement  obscurcies  par  un  feuillet  d'errata,  une 
pelure,  etc.,  ont  6t6  filmees  a  nouveau  de  fafon  a 
obtenir  la  meilleure  image  possible. 

Opposing  pages  with  varying  colouration  or 
discolourations  are  filmed  twice  to  ensure  the  best 
possible  image  /  Les  pages  s'opposant  ayanl  des 
colorations  variables  ou  des  decolorations  sont 
tilm^es  deux  fois  afin  d'obtenir  la  meilleure  image 
possible. 


This  itenn  is  filmed  at  the  reduction  ratio  checked  below  / 

Ce  document  est  filme  ati  isux  de  reduction  indiciije  ci-dessous. 


I 

lOx 

14x 

18x 

22x 

26x 

30x 

1 

y 

1 

12x            16x            20x            24x 

28x            32x 

f^se:vj^^^3Siii3^m^^^^m^s.^^m^^^ 


V'./^j£Xvfeia^5ti^-iiil'-^  ^- 


Th«  copy  film«d  h«r«  hat  bMn  rsproducad  thanka 
to  tha  ganaroaity  of: 

National  Library  of  Canada 


L'axamplaira  film*  fut  raproduit  graca  A  la 
ginAroaitA  da: 

Bibliothequa  nationale  du  Canada 


Tha  imagas  appaaring  hara  ara  tha  baat  quality 
poaaibia  conaidaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  eonwact  apacif icationa. 

Original  copias  in  printad  papar  covara  ara  fllmad 
beginning  with  tha  front  covar  and  ending  on 
tha  laat  pago  with  a  printad  or  illustratad  imprao- 
•ion.  or  tha  back  cowar  whan  appropriata.  Ail 
othar  original  capiat  ara  filmad  baginning  on  tha 
firtt  paga  with  a  printad  or  illuttratad  impraa- 
tion.  and  anding  on  tha  latt  paga  with  a  printad 
or  illuatratad  impraaaion. 


Tha  laat  racordad  frama  on  aach  microficha 
•hall  contain  tha  •ymbol  -♦  ''"••"'"?,  "IJOI;' 
TINUEO").  or  tha  •ymbol  V  (moaning    END  1. 
whichavar  appliaa. 

Mapt.  platat,  chart*,  ate,  may  ba  filmad  at 
diffarant  raduction  ratioa.  Thoaa  too  larga  to  ba 
antiraly  includad  in  one  axpoaura  ara  filmad 
baginning  in  tha  uppar  laft  hand  cornar.  laft  to 
right  and  top  to  bottom,  aa  many  framaa  as 
raquirad.  Tha  following  diagramt  illuttrata  tha 
mathod: 


Laa  imagai  tuivantat  ont  *t*  raproduitas  avac  la 
plut  grand  toin,  compta  tanu  da  la  condition  at 
da  la  nattat*  da  l'axamplaira  film*,  at  an 
conformity  avac  laa  eenditiona  du  contrat  da 
fllmaga. 

Laa  axamplairaa  originaux  dont  la  couvartura  an 
papiar  aat  imprimaa  tont  filmas  an  commancant 
par  la  pramiar  plat  at  an  tarminant  aoit  par  la 
darni*ra  paga  qui  comporta  una  amprainta 
d'impraaaion  ou  d'illuatration.  aoit  par  la  aacond 
plat,  aalon  la  caa.  Toua  laa  autraa  axamplairaa 
originaux  aont  fllmAa  an  commancant  par  la 
pramiAra  paga  qui  comporta  una  amprainta 
d'impraaaion  ou  d'illuatration  at  an  tarminant  par 
la  darniAra  paga  qui  comporta  una  talla 
amprainta. 

Un  daa  aymbolaa  auivanta  apparaitra  aur  la 
darni*ra  imaga  da  chaqua  microficha,  salon  la 
caa:  la  aymbola  — ^  aignifia  "A  SUIVRE",  la 
aymbola  ▼  aignifia  "FIN  ". 

Laa  canaa,  planchaa.  tableaux,  ate.  pauvant  atra 
filmia  k  daa  Uux  da  reduction  diff«rants. 
Loraqua  la  documant  aat  trop  grand  pour  atra 
raproduit  an  un  aaul  clich*.  il  aat  f  ilma  A  partir 
da  I'angia  aupAriaur  gaucha,  da  gaucha  A  droita. 
at  da  haut  an  baa.  an  pranant  la  nombra 
d'imagaa  nOcaaaaira.  Laa  diagrammaa  suivants 
illustrant  la  mOthoda. 


1  2  3 

456 


%  .ira9P£^-drfiC»B!ll»!«¥aES^i»'  ^SffllKfA"  ?^.W7liiTir  tTflt?  iD«»7?i»^»  V>,,f  >T»T?il ' 


MICROCOPY    RESOIUTION    TBI   CHA»T 

.ANSI  and  ISO  TEST  CHART  No    2i 


1.0 


I.I 


2.0 


II 


li:25    i  1.4 


1.8 


1.6 


^     APPLIED  INA^GE     In 


■-este'.    N** 


■■f>!    .'Ha      *S9B3  ■ 


Carnegie   Endowment   for   International   Peace 

DIVISION  OF  INTEKNATIONAL  LAW 


THE  HAGUE  CON VENl  IONS 

AND  DECLARATIONS 

OF  1899  AND  1907 


ACCOMPANIKD  BV 


TABLES  OF  SIGNATURES    RATIFICATIONS 

AND  ADHESIONS  OF  THE  VARIOUS  POWERS 

AND  TEXTS  OF  RESERVATIONS 


KDITED  BY 

JAMES  BROWN  SCOTT 

DIRECTOR 


I 
J 


SECOND    EDITION 


NKW  YOKK 

OXFORD  UNIVERSITY  PRESS 

A.MKRICAN    BRANCH:     3.i    WKST    His,,    STKKKT 

Ix>ndon,  Toronto,  Melbourne  and  Bonilm.v 

HLMl'HREY  MILKOKD 

1915 


COPYRIGHT  191.1 

BY    THE 

CARStCIE  ENDOWMENT  FOR  INTERNATIONAL    PEACE. 

Waihingto;*,  D.  C. 


BvRON  s.  ADAM5.  rtcismi. 
wAtHiNornN,  n,  c 


THE  HAGUE 

CONVENTIONS  AND  DECLARATIONS 

OF  1899  AND  1907 


I 


DEPARTMENT    OF    STATE 


WasliiiiKton.  Dmember  jj,  mif. 
Sir: 

I  received  \uiir  letter  of  tlic  .'(I  instant.  re(iue«tiMK  that  the  Department  verify 
friMii  its  iifimal  rfuriK,  llie  tallies  of  •^iKiiatiires,  ratiiicatioiis,  ailhc>ii)ns  and 
re>erv.iliiin-,  to  the  Conventions  and  Declarations  of  the  l-'irst  and  Secund  Hague 
Conferences,  wli'ch  yoii  enclose<l  and  vvliich  yon  propose  to  issue  as  a  puhlication 
of  the  Carnej;ie   Kndowinent   fi'r   International   I'eace. 

In  reply  I  li.ive  to  ,i(Ui-c  yoii  that  snch  verineation  has  hecn  made,  and  that 
the  eiuioed  t.iliU's  .is  corrected  are  ren.inled  as  accurate  and  complete,  so  far 
as  'Imuu  Ii\    iI.c  archises  of  ilie  Di  p.LrlnuTit. 

It  is  liesjreil  thai  the  enclosed  eorrerted  tallies  he  returned  to  tlie  Department 
for  the  conipietiun  of  its  l.les.  as  soon  as  they  liave  lircn  prititeil. 

I  am,  sir, 

N'uur  ohedient  servant. 


Dk     JaMIN    IiRoW.N    SlOTT. 

[Jirertor.  Division  oi    International  Law. 

Carncj;ie  I'.ndownient   for   International   Peace. 
2  Jackson  Place.  WashinRton.  D.  C. 


Robert  Lansing, 

Counselor. 


ROYAL    LEGATION    OF    THE    NETHERLANDS 


Washington,  tcbruary  .■;,  igr; 
My  dear  Sir  : 

I  have  hceti  instructed  I 
turn  to  you  the  er.closeil 

of  the  Carnegie  Fndownient   for   Intern.itional  Peace,  and  advise  you  that  there 
was  not  a  single  correction  or  aildition  to  he  made  in  its  contents. 

Mr.   London  adds  that  he  sh<'\dd   feel  very  ohliKed  to  y.iu  if  you  would  send 
him  sonii   more  copies  of  the  p.onphlel  in  qm  -lion  ..nd  asks  me  to  hand  you  the 


the  Mini-ter  of  I'oreifjn  .\ffairs  at  Tlie  Hasue  to  re- 
iiinplilet   No.  .1  of  the  Division  of   International   Law 


enclosed   two   list,  made  np  1  ; 
cernin^r  the  same  subject. 
Believe  n.e.  dear   NIr.   Sclt. 


the   K  ly.il    De]iart!nent  of    Foreign   .AfTairs  con- 


\  "urs   snicerel\ . 


Mr.  J.\mks  Brown  Si  hit. 

r:irne;:ie   l''ndou'inent   for    Internntionril    Peace, 
.'jack -on   I'l.ice.  WashiiiKi.'n.  I).  C. 


W.  L.  F.  C.  V.  R.\rp.\Rn, 
Miiiisti-r  from  the  Wthcrlatids. 


ROYAL    LEGATION    OF    THE    NETHERLANDS 


WasIiinKton,    D.   C.   /   October   igij. 


K'efen  .'  to  \onr  letter  i  I  >cpte'Ml'er  M\.  1<'1.^.  the  Royal  Netherlands  Lega- 
tion be;;-  ;o  inform  yo\i  that  accord'n;;  to  a  cable  received  from  the  Minister  of 
Foreii;n  .MTairs  .it  The  ll.ic'ue  no  chancres  have  been  made  in  the  tables  of 
sicnnturcs.  adliejons.  rati,  cition-.  and  re-ervations  eoncerninn  the  Conventions 
refi  rred  to  in  the  above  letter,  since  February  27th  last. 
To  tie 

C.irne'jie   l',:d  .\M'  ,nt   fur    Irterintional   Ponce. 
2   'acks.n    Place    Wi-l  iii'.  t.  II,   1).   C. 


CONTENTS 


P«irf  A(  r.    

iNTiODUCTION 


Documents  cH.my  nr,..„sc.  to  tm.  cm.,  or  t„.  Ccsn^rsry. 
Kussian  note  proposinR  tlie  (ir^t  Conference 

RuYian  nutr  pr„„„,in,.  ,l,e  „n.«ram  .,f  ,|,e  f,r,s,  rnnfer,,',.; 

Nctherlan.i  mvitati.,n  to  tlie  tlrM  Cmlrn-uv^- 

Ammcan  note  of  OctoI.er  21,  I'KM,  rewarMin.-  ,l,e  ..o„„l  (  ..nfere,,,,- 

Amcncan  note  of  Deceni.,er  16,  Vm.  re«ar,!i.,K  „,e  ..-„„,!  f„„fe;; ^ 

ConfTrenc?"     ,"    "'  '"'"^""'"  "'  "^'''  ^^'""^"■^  ""■  --"'' 

American  memorandum  of  Dctoher  12    IwV  j,,'  ^i  p],. 

Ku5,,an  note  proposing  the  pr.,«ram  of  the  second  0,„feremv 
Netherland   .nvitation   to   the   second   Conference 

Protocol   regarding  adhesions   to    1899   C.nnentinn    I 

Proccs-v.-rbal  of  adhesions  of  Latin  .\,^  


Vnicrieaii  States, 


The  KiMAL  Acts  ok  the  First  and  SFcoNn  Co.vFFPFNrEs 

Annex :  Draft  convention  on  a  judicial  arbitraticn  cou'ri 

Signatures  and   reservation    


"""""TatIoL"    "^  ''"   ""'  ""  '^'  ''"'''   SETT.FMFVTOK   ,.VT 
NATIONAL    DISPUTES     

Ratifications,  adhesions  and   reservations. ...[ 


Convention  n  of  1907  .espectint.  the  um.t.tio.  ok  the  fmpiov.ip.t 

OF  FORCE  FOR  THE  RECOVFRV  O'^  CONTRAC-f  DEHTS  . 

Ratifications,  adhesions  and   reservations .  


Convention  in  of  1907  relative  to  the  ope.v.no  of  HOSTn.iTips' 
Ratifications,  adhesions  and  reservations. 


THE  LAWS   .AND  CL'S- 


Conventions  II  or  1899  and  IV  or  1907  respecting 

TOMS   OF   WAR   ON    LAND 

Ratifications,  adhesions  and  reservations 

"""'""TJ  "'  ""'  """"'^'^  ^"^  "■"'"  -n  d,^t,.sof'x^.tral 

.P"W»S  AND  PERSONS  IN  case  OF  WAR  ON  land 

Katifications,  adhesions  and  reservations 

^""T  w;;„?i""^"^"  -  ^- "--  -  ^v.mv'm;rchant 

sniLs  at  the  outbreak  OF  hostilities 
Ratificat.ons,  adhesions  and   reservations  

"'"""TJl'Z'Z  ":""•!  ".:"■  -"'"■"  " "'-"'"' 

Ratifications,  adhesions  and  reservations.. 


SHIPS 


PM.r 
iii 


x\ 

xx\  ii 

xwi 
x  \  \  i  i 
xx.vii 

1 

.31 

.39 

41 
81 

89 
91 

96 
98 

100 
129 

1.33 
139 

141 

144 

14ft 
149 


(ON  11  N  IS 


foN\rST10N    Mil    "I-    1'"'"    "HA.Ur     lu    Uif    I.VY.N.-.    ni     Al-roMATh     VB- 

MARINK    coNT<.  r    MINf^     

Ralifu;itii'iis.   :iillusi.'iu   .m.l    i     irk..''ni« 

O.NVKN11..N     IX    ur    VH)7    i„S.H<MN..    U^.v.     AKliMlM     tlY     NAVAI     Hmo,    IN 
TIMK.    IIK    WAK     

RatifuatiiiiK.   ndhcsH.ns  and   rr^cr- ..tic.ns   

CONVKNTIONS    III   l.f   \m    ^^•■.  X   Oh    1"1)7   ,„u    MiK   AI.AI-IATION HITIVU 

^v^K^AK^.  ■'►  tmk  I'HIm  ii'if>-  "^■  Tin.  (ItNUA  i  unvI'Niuin    

Ratifiiallon«,   ailhcMims  ami   r.  ^rvation? 

0>N\r.NrwiN  XI  IT  ',''07  l■ll.^ru^  to  .ikiain'  m  ^T-i(-rinss  wim  rh.mio 

lO  TlIK   tAlKt  ISMIh    IHKHri.llTdl    (MMIIH    IN    NAVAI.    UVR 

Ratiru:ilii>n-',   aclln'siniis   and    r<  sirv.i'  nn< 

CONVKNTION    XI  I    OF    l'X)7   KtlATlVK   TO  TIIK  <  Kl  M1"M   Of   AN    I NTKKN  ATIOS  Al, 
i'RI/K   (OI'RT    

Additional  r'roKu-ol  of  l')l(l  

Ratifu-a'ion-.   adlicsions   and    r' i^crv;|tinn>. 

CoNVtNTI.'N    XIII   OK   I'lO;  CoNiKKNiN.-.  TIIK  KU.I.I-    VMlprrlFSOf    NKITKAU 
I  (IWI  R»    IN    NA\  Al.   W  \« 

RatifK-atinns.   adlicsions   and    n  •;cr\:itions 

11i(1.v';ation>  ok   18'«  and  1'.X)7  proiiimitino  thk  m^^ciiNRr.K  ok  i'Rojh- 

TILK^    .'.Nil    KNrl.l)>IVKS    KROM    IIM.I  OONS 

Ratifications,  adhesions   and   r<  scrvalions 

DkiTARATION   ok    18W  tONlKRNlNi;   ASI'I1Y\IATIN(,  r.ASF.S 

Ratifications,   adhesions   and    reservation* 

Dkclaration  ok  18W  con.  krnino  kni'ani.ini;  iiri.iiTa 

Ratifications,  adhesions   and   reservations 

SrVVAKV  OF  TIM.  SICN ATfRFS,  R.XTlIK  NTIOSS  AI.llFSlONS  A'.-  KIMRVA- 
TIONS  TO  THK  foNVKNllONS  ANh  IHcl.ARMIONS  ,,|  IHI  !lRs| 
CoNFERKNCK     

Tat,   li'r  statement    .  .      

Texts  of  reservations        

Sl-MMARV  OF  THK  sK.NATfRKS.  RATIFlr.\Tl.'N  >.  AIMIFSION-  ASH  Rl-FKVX- 
TIONS  TO  TIIK  CoNVKNnoNS  AMI  I  )Kl  LARA  r  ION  oh  Till  Sl.oXl. 
'"(INFERF.Nrr. 

Tabn  ar   statement    

Texts    of    reservations    ... 


INHFX    OF    [FJif 

I  NnKX-nif;KST 


t5l 

155 

157 
161 

16.1 

17« 

182 
186 

188 
204 
208 

2<W 
217 

220 
222 

225 
226 

227 

228 


230-2,52 
2.1.' 


2.!5 

236-239 

240 

261 
2o7 


PREFACE 

In  view  of  the  very  great  n.te.eM  at  the  present  time  it.  the  Con- 
ventions a.ul  signed  JJeclaratioMsoi  il,e  F.rsi  and  Second  Hague  (.on- 
lerenccs,  and  because  ol  the  need  ot  aceu.ate  nUorn.ation  as  to  ralih 
cations  01  aiul  adhesions  to  tlie  Lonventiuns  and  iJeclaratu.i.s  relafng 
to  war.  the  Ln.lowment  has  prepared  a  series  ot  pamphlets  ,n  order 
thai  the  pubhc  may  learn  iron,  reliable  sources  the  status  of  these 
international  agreements  an.l  the  extent  to  which  the  Powers  at 
war  are  boun.l  by  their  provisions.  The  pamphlets  have  no-,v  been 
brought  together  an.l  issued  in  volu.ne  form,  to  which  there  have  been 
a.lde.l  introductory  matter  and  a  carefully  prepared  and  elaborate 
index. 

Attention  is  called  to  the  tables  of  signature.,  ratiliclions,  adhe- 
sions and  reservations  of  the  two  Conferences,  pages  22^)  ,t  sea.  The 
compilation  has  been  made  from  official  sources,  and  the  tables  have 
been  certilied  as  correct  by  the  Department  of  State  of  the  United 
States  and  by  the  Minister  of  boreign  Afifairs  of  the  Netherlands.  In 
all  cases  the  reservations  contained  in  the  proceedings  of  the  two  Con- 
ferences, but  only  referred  to  in  the  tables  issue.l  by  the  International 
Bureau  of  the  IVrmanent  Court  of  Arbitration,  have  been  translated 
and  printed  in  full,  with  the  references  to  the  ofiticial  reports  where  the 
reservations  are  foimd.  Without  the  complete  text  of  a  reservation,  it 
is  impossible  to  know  to  what  extent  a  Power  is  bound 

The  Conventions  and  signet!  Declarations  of  the  two  Conferences  are 
accompanied  by  the  respective  lists  of  countries  which  have  (a)  rati- 
fied, or  (b)  adhered  to.  or  (c)  sigued  but  not  ratified  them,  with  the 
date  of  the  particul.-.r  action  taken.  Each  Convention  or  Declaration 
IS  followed  also  by  the  texts  of  reservations. 

The  English  translations  ot  the  original  French  texts  of  the  several 
Conventions  and  Declarations.  an<I  Final  Acts  of  the  Conferences  re- 
produce the  official  translations  of  the  Department  of  State,  except 
that  a  few  obvious  misorints  and  occasional  mistranslations  have  been 
conmed.     Marginal  notes  have  been  added  to  facilitate  reference 

ine  Conventions  and  Declarations  are  numbered  as  in  the  Final 


IV 


PREFACE 


The  ofiicial  published  proceedings  of  the  First  Conference  are 
referred  to  in  the  footnotes  as  Procis-verbaux,  those  of  the  Second  as 
Actes  et  documents.  The  full  titles  of  the  publications  are  respective- 
ly: (1)  Conference  internationale  de  la  paix.  La  Haye,  i8  mai-2g 
juillet,  1899.  Ministtre  dcs  affaires  ctrangires.  Nouvdle  edition.  La 
Haye.  Martinus  Nijhoff,  1907;  (2)  Deuxidme  conference  interna- 
ticnale  de  la  paix.  La  Have,  15  juin-18  octobre,  1907.  Actes  et  docu- 
ments.    Ministire  des  affaires  etrangires.    La  Haye,  imprimerie  na- 

tionale,  1907. 

J.R.  S. 

WASiriNGTON,  D.  C, 

February  -'/,  191$. 


In  the  reprint  of  tlic  prc-cnt  vnlunii-  a  few  additions  have  h;m  niadi." 
to  the  Irtrodiictiiin  as.d  t<>  the  >ection  of  preliminary  documents. 
These  additions,  which  were  suggested  by  friendly  crilici.-^m.  show  in 
more  detail  the  relation  of  {'resident  Roosevelt  and  the  Russian  (".ov- 
cvnment  to  the  calling  of  the  Second  Conference  and  the  steps  taken 
to  bring  about  the  .Aildilional  Protocol  to  the  I'rizc  Court  ConveiUion. 

J.   P..  S. 
\\'.\SilIN(;To.\.  I).  C.. 
October  I,  i(,ii3. 


^  w^- 


INTRODUCTION 

In  order  that  tlie  reader  may  liave  a  clear  idea  of  the  origin  and 
nature  of  the  Hague  Conferences,  some  remarks  of  a  general  nature 
are  prefixed,  and  some  documents  relating  to  the  call,  the  nature,  and 
the  scope  of  the  Conferences  have  been  printed  by  way  of  introduction 
On  August  12/24.  1898.  the  Russian  Minister  o.   Foixign  Affairs. 
Count  Mouravieff,  handed  to  the  diplomatic  representatives  at  Petro- 
grad  a  circular  note  proposing  a  conference  of  the  Governments  having 
diplomatic  representatives  at  the  Imperial  Court,  to  consider  "a  possible 
reduction  of  the  excessive  armaments  which  weigh  ujion  all  nations." 
The  note  declared  the  maintenance  of  general  peace  and  the  reduction 
of  armaments  "as  the  ideal  toward  which  the  endeavors  of  all  Govern- 
ments should  be  directed,"  and  it  further  stated  the  belief  of  the  Im- 
perial Government  "that  the  present  moment  would  be  very  favorable 
for  seeking,  by  means  of  international  discussion,  the  most  effective 
means  of  ensuring  to  all  peoples  the  benefits  of  a  real  and  lasting 
peace,  and.  above  all,  of  limiting  the  progressive  development  of  exist- 
ing armaments."' 

The  conference,  therefore,  was  to  meet  in  the  interest  of  general 
peace  and  as  a  means  to  this  general  peace  "progressive  development 
of  existmg  armaments"  was  to  be  checked,  and  a  "possible  reduction 
of  the  excessive  armaments  which  weigh  upon  all  nations"  was  to  be 
attempted.  The  note,  as  was  to  be  expected,  was  general  in  its  terms, 
as  Its  purpose  was  to  state  broadly  the  purpose  of  the  conference  and 
to  secure  an  expression  of  opinion  from  the  Powers  invited. 

As  the  result  of  an  exchange  of  notes  a  second  circular  was  handed 
December  30.  1898/Januar>-  11.  1S99.  bv  Count  Mouravieff  to  the 
diplomatic  representatives  at  Petrograd.  In  this  note  the  Russian  Gov- 
ernment stated,  within  the  compass  of  a  sentence,  the  Czar's  purpose 
to  be  "the  meeting  of  a  conference  with  the  object  of  seeking  the  most 
efTective  means  of  ensuring  to  all  peoples  the  benefits  of  a  real  and 
lasting  peace,  and,  above  all,  of  limiting  the  progressive  .levelopment 
of^isting  armaments."  The  second  note,  after  mentioning  "the  cordial 

'P"St.   p.    XV. 


VI 


INTRODUCTION 


rect'iitidii  accorded  by  nearly  all  the  l'o\ver>  lu  tlio  ^{(i\>  taken  l)y  the 
Imperial  Government,"  sketched  a  program  for  the  conference.' 

While  keeping  the  limitation  of  armaments  to  the  fore,  the  note 
reconmiended  the  adajitation  to  naval  war  of  the  stipulations  of  the 
(ieiK'va  Convention  of  1S(4,  the  revi>ion  of  the  Declaration  of  Unn- 
sels  of  1874,  dealing  with  land  warfare,  which  had  not  been  ratified, 
and.  above  and  beyond  all,  "the  acceptance,  in  principle,  of  the  use  of 
good  offices,  mediation,  and  voluntary  arbitration,  in  cases  where  they 
are  available,  with  tlie  purpose  of  preventing  armed  conflicts  between 
nations." 

The  Hague  was  selected  for  the  meeting  of  the  conference,  and,  at 
the  re(|ucst  of  Russia,  the  Xctherland  Government  issued  the  invita- 
tions to  the  Powers  accredited  to  Petrograd.'- 

The  Conference,  by  a  delicate  compliment,  assembled  on  the  Czar's 
birthday.  May  18,  1899,  and  adjourned  on  July  29,  1899.  In  all,  twenty- 
si.x  Governments  were  represented  in  the  Conference.  Of  .\nierican 
countries,  only  the  United  States  and  Me.xico  took  ]xirl.' 

The  Conference  failed  to  eiifect  the  ]niri)Ose  for  which  it  was  origi- 
nally called,  as  the  larger  Powers,  particularly  Germany,  were  un- 
willing to  agree  to  a  limitation,  much  less  to  a  reduction,  of  armaments; 
but  the  Convention  for  the  pacific  settlement  of  international  disjmtes 
was  negotiated,  which  alone  wottld  have  justified  any  conference.  Not- 
withstanding the  importance  of  this  Convention,  the  Conference  itself 
was  more  important  than  its  labors,  because  it  showed  the  possibility 
of  twentv-si.x  nations  meeting  in  conference  and  agreeing  upon  meas- 


^Post.  p.  xvii,  -r.'xt.  |>.  \i\. 

'Hr.izil  was  accrcclito'l  tci  Pctroirr.id  aiiM  was  invited.  In  a  imte  of  the 
Brazilian  riovernimnt  d.itcil  January  27.  IS'I9.  the  foIlowinK  reasons  -.-.re  given 
for  rleclining  tlie  invitation: 

"The  crise';  tlironph  which  Brazil  has  passed  in  recent  years  and  vvliicli  have 
greatly  weakened  licr  are  too  well  known  to  need  more  than  inention  here; 
both  niir  naval  forces  and  oiir  land  forces  have  been  greatly  reduced  ;;iu!  our 
financial   condition  is  one  of  siifToring. 

".Accordingly,  the  only  thought  of  the  new  administration  is  to  reconstitute 
our  credit,  to  develop  our  resources,  and  to  reorganize  our  military  forces  in 
order  to  prespr\e  peace.  This  is  why  my  Government  would  not  care  to  obligate 
itself  to  maintain  the  military  status  quo. 

"Brazil,  like  Russia  at  an  historical  moment,  is  occupying  liersclf  with  re- 
gainii'g  her  strent'th  and  desires  to  stand  apart  when  possible  from  questions 
that  do  not  touch  her  directlv.  Moreover,  in  view  of  her  great  di-taiice  and 
her  lack  of  influence  in  the  political  aflairs  of  F.urope.  her  nMe  in  the  Conference 
wnulil  be  of  no  importance."  \Ri-liil(irio  n/^r.sciilado  an  t-rrsidi-ntc  ii,t  KcfubUca 
dps  F.stadi's  I'lud 's  dn  Bra-il  pi'lo  miiiistnj  de  estado  das  reliicoes  cxteriores, 
ISW.  atuicN  1,  p   74.) 


INTRODUCTION 


VII 


ures  of  interest  to  the  world's  welfare.    An  idea  is  generally  greater 
than  its  realization. 

The  Conferen«.e  from  the  time  of  its  meeting  was  popularly  called  a 
Peace  Conference,  and  the  delegates  appear  to  have  accepted  this  desig- 
nation without  formal  or  official  action. 

It  had  been  expected  by  Baron  de  Staal,  the  Presirjent  of  the  Con- 
ference, that  a  new  one  would  meet  the  next  year."  1  he  years  slipped 
by,  and  Russia,  which  called  the  Conference,  found  itself  at  war  with 
Japan.  The  Interparliamentary  Union,  at  its  meeting  in  St.  Louis  in 
1904.  therefore  urged  the  President  of  the  Unite.l  States  to  call  a 
second  conference.  President  Roosevelt  gladly  acceded  to  this  rerjucst 
and  sounded  the  Powers  as  to  their  willingness  to  meet  again  in  con- 
ference at  The  Hague.  This  was  done  by  a  note  of  Secretary  of  State 
Hay,  dated  October  21,  1904,  to  the  American  diplomatic  representa- 
tives accredited  to  the  Governments  signatory  to  the  Acts  of  the  First 
Hague  Conference.' 

The  Powers  expressed  their  willingness  to  take  part  in  a  second  con- 
ference, as  is  stated  in  the  second  note  of  Secretary  Hav  of  December 
16.  1904.-"' 

The  termination  ot  tne  Russo-Japane'-e  War  through  the  goorl  offices 
of  President  Roosevelt  turne.i  the  Char's  thoughts  again  to  jicace  and 
to  the  Conference  which  he  had  called  into  being.  The  Russian  .\m- 
bassa<lor  waitcil  upon  President  Roosevelt,  who  had  alreadv  secured 
the  asK'ut  of  the  Powers  to  a  second  conference,  and  formallv  i)roposed 
oti  beiialf  of  the  Czar  that  a  conference  should  be  held  at  The  Hague 
a?  soon  as  arrangements  could  be  made  for  its  meeting.^  With  that 
chivalry  -o  characteri-tic  of  him.  President  Roo-^evelt  gladlv  complied"- 
wnl,  the  retinest  of  the  C/ar.  wjio  thereu[)on  resumed  the  initiative  an,l 
himself  proposed  a  second  peace  conference  at  The  Hague. 

The  Powers  accepted  this  invitation  and  the  program  was  drafted  by 
Rus-::,!  in  a  note  to  Secret:>ry  of  State  Ro.it,  date<l  .\pril  12.  lOOTi'' 
The  Powers  were  invited  i)y   the   Xetherland   Government   in   April. 

FirllT",nf  .r  Z^"''"''''   ^^-  v''' ■'"'■    *"''''   ''^'''"*<"  "f   "'^-    ^'"''"^    ■^''•""   t-   the 
nr^t^(  onfcrcne,'  ^.ivs   ,u   h,s  intercstms  and   valuahle  Au',.bio!!K,;^hy    (vol,   ii. 

"\  rlclcL-nte  aU.>  int-rm.  <1  me  that  in  falkinp  with  ^r.  rle  "^taa!  the  litter 
Hoclar,,!  ,l.,t  ,n  h,.  of,jn,„n  ,1,,  prccnt  Conference  i,  nnlv  the  fiV";     a  .^^ 

spring.  ••  "    '^""'    '''^''•'    "'■'"    '"""^"    ^^'"    ^    ^'^'^    "^•'''    "-int"    "^    "e"t 

'I'-st.  p.   xs.        7',..(r,   p.   x^i^.       ••/•..,?/,  p.   xxvii.       'lh„l.       ■!' ■,'.  p.   kx:x. 


vin 


INTRODUCTION 


1907,  to  meet  at  The  Hague  on  June  15.'     The  Conference  met  as  in- 
vited and  ailjourned  on  October  18,  1907. 

It  will  he  recalled  that  the  United  States  and  Mexico  were  the  only 
American  Powers  represented  at  the  first  Conference.  Brazil  had  been 
invited  but  had  declined  the  invitation.  The  United  States,  1  v.ver,  was 
unwilling  to  participate  in  a  second  Conference  unless  the  o,  .r  Re- 
publics of  America  were  asked  to  attend.  It  was  advisable,  if  not 
nece^sary,  that  the  American  Republics  should  formally  approve  and 
agree  to  be  bound  by  the  various  Hague  agreements.  Therefore  the 
American  States  which  did  not  subscribe  to  the  three  Conventions 
signed  at  The  Hague  on  July  29,  1899,  formally  recognized  "as 
a  part  of  public  international  American  law  the  principles  set 
forth  therein."-  The  Convention  for  the  pacific  settlement  of  inter- 
national disputes  was,  however,  what  is  known  as  a  closed  Conven- 
tion ;  that  is  to  say,  it  could  be  adhered  to  by  Powers  not  participating 
in  the  First  Conference  only  by  the  consent  of  t'.ie  signatory  Powers. 
The  United  States  and  Mexico  were  authorized  on  January  l.=i,  1902, 
by  the  Second  Pan  American  Conference,  which  met  at  Mexico,  "to 
negotiate  with  the  other  signatory  Powers  of  the  Convention  for  the 
adherence  thereto  of  the  .\merican  nations  so  requesting  and  not  now 
Mgnators-  to  the  .said  Convention."-  Through  the  good  otiices  of  the 
United  States  an  agreement  was  reached  and  a  protocol  signed  at 
The  Hague  on  June  14  1907,  "to  enable  the  States  that  were  not  rep- 
resented at  the  First  Peace  Conference  and  were  invited  to  the  Second 
to  adhere  to  the  aforesaid  Convention,"'  .  /  proci-s-7rrluil  of  adhe-ions 
was  drawn  up  the  next  day,  which  the  Latin  .\merican  States  promptly 
signed.*  They  thus  Ijecame  entitled  to  the  benelus  of  thi  ■  epoch- 
making  Convention.  Likewise,  through  the  good  offices  of  the  United 
States  due  to  the  enlightened  statesmanship  and  generous  forethought 
of  Secretary  Root,  the  Latin  American  Republics  not  invited  to  the 
First  Conference  were  invited  to  the  Second,  and,  with  the  exception 
of  Honduras,  whic"  .fortunately  was  in  the  throes  of  a  revolution, 
and  of  Costa  Ric  h  did  not  send  delegates,  they  were  all  repre- 

sented and  took  part  m  the  Conference. 

The  Conventions  of  1899  were  revised  and  some  ten  now  ones 
adopted  by  the  Second  Conference.  But  important  as  these  docu- 
ments were  and  are,  the  Conference  itself  was  still  more  imjiortant. 


^Post.  p.  Nxxi. 

•Seiinte  DdCiimciit  No.  .UO.  .^7tli  Coni;.,  1st  soss.,  p.  .37. 

*Pnst.  p.  xxxii. 


INTRODUCTION 


IX 


The  First  Conference  was  in  the  nature  of  an  experiment,  which 
showed,  however,  that  the  representatives  of  twenty-six  States  could 
meet  and  confer  and  devise  measures  of  use  to  mankind.  The  Second 
Conference,  in  which  forty-four  States  were  represented,  demon- 
strated that  practically  all  nations  of  the  world,  reco^izing  and  apply- 
ing international  law,  could  meet  tofjether,  discuss  and  debate  matters 
of  universal  interest,  and,  just  as  smaller  and  more  exclusive  bodies, 
reach  results  of  the  greatest  value  to  mankind.  The  Hague  Confer- 
ence thus  passed  through  the  experimental  stage  and  became  a  recog- 
nized international  institution. 

What  is  the  nature  of  this  international  institution?  It  is  sometimes 
called  the  Parliament  of  Man,  but  this  title  is  both  misleading  and  in- 
accurate. It  is  not  a  parliament  in  the  technical  sense,  and  its  actions 
only  aflFect  the  States  represented.  It  is  a  diplomatic  body  in  which 
each  State  may  be  represented  by  as  many  delegates  as  it  chooses  to 
send,  but  its  delegates,  however  numerous,  vote  as  a  unit ;  that  is  to 
say,  each  State  has  but  a  single  vote.  Each  State  is  recognized  in 
international  law  as  the  equal  of  e/ery  other  State  before  the  law.  No 
authority  should  be  needed  for  this  axiom,  but  as  large  States  arc 
often  said  to  have  greater  rights  than  little  ones,  thus  confusing  legal 
right  with  political  influence,  the  measured  and  impressive  language 
of  Chief  Justice  Marshall  should  be  quoted  on  this  point.  In  the 
Anti-lnpr  (\0  Wheaton  63,  122).  decided  by  the  Supreme  Court  of  the 
United  States  in  1825,  that  great  and  just  judge  said,  speaking  for  a 
unanimous  Court : 

No  principle  of  general  law  is  more  universallv  acknowlerli^od 
than  the  perfect  equality  of  nations.  Russia  and  Geneva  have 
equal  rights.  It  results  from  this  equalitv  that  no  one  can  right- 
fully impose  a  rule  on  anotht  i  Each  legislates  for  itself,  but  its 
legislation  can  operate  on  itself  alone. 

Likewise,  on  the  point  of  equality,  Sir  William  Scott  (Lor'  Stowell), 
another  great  judge  of  the  English-speaking  peoples,  had  already  said, 
in  the  Louis  (2  Dodson,  210)  : 

I  have  to  observe,  that  two  principles  of  public  law  are  gen- 
erally recogi  izcf!  as  fundamental.  One  is  the  perfect  equality 
and  entire  independence  of  all  distinctive  States.  Relative  magni- 
tude creates  no  distinction  of  right :  relative  imbeciiitv,  whether 
permanent  or  casual,  gives  no  additional  right  to  the  more  power- 


INTRODUCTION 


fill  neighbor ;  and  any  advantage  seized  upon  that  ground  is  mere 
nsurpation.  This  is  the  great  foundation  of  public  law,  which  it 
mainly  concerns  the  peace  of  mankind,  both  in  their  politic  and 
private  capacities,  to  preserve  inviolate.  The  second  is,  that  all 
nations  l)eing  equal,  all  have  an  equal  right  to  the  uninterrupted 
use  of  the  unappropriated  parts  of  the  ocean  for  their  navigation. 

It  necessarily  follows  that  no  State  is  superior  to  the  other,  as  among 
eciuals  there  is  not  an  1  can  not  be  a  superior.  Hence,  a  State  is  only 
bourd  by  the  action  of  the  Conference  if  it  consents  to  it.  The  una- 
nimity rule  prevails  in  diplomatic  conferences.  Majorities  and  mi- 
norities, in  the  parliamentary  sense  of  the  word,  are  unknown. 

A  body  of  this  kind  is,  as  its  name  implies,  a  Conference.  It  is  not 
a  legislature.  Its  Conventions  are  recommendations  to  the  Govern- 
ments participating  in  the  Conference  to  adopt  them  according  to  their 
respective  laws  and  to  deposit  the  ratifications  of  them,  in  accordance 
with  the  terms  of  the  Conventions,  at  The  Hague.  The  signing  of  a 
Convention  by  the  delegates  at  The  Hague  creates  no  legal  obligation. 
As  the  delegates  act  under  instructions  it  does,  however,  create  a  moral 
obligation  to  submit  the  Conventions  and  signed  Declarations  to  the 
approjiriato  branch  of  the  Government  in  order  to  be  duly  approved 
by  this  body  and  to  invest  them  with  the  force  of  law  in  so  far  as  the 
particular  country  is  concerned.  The  Conventions  and  signed  Decla- 
rations become  binding  only  after  the  ratifications  have  been  deimsited 
at  The  Hague. 

It  sDnietimes  happens  that  a  nation  does  not  sign  a  Convention.  It 
may  later  change  its  mind.  If  the  time  is  past  for  signing  it  may,  how- 
ever, adhere  to  the  Convention,  and  the  deposit  of  the  instrument  of 
adherence  at  The  Hague,  in  accordance  with  the  terms  of  the  Con- 
ventioi;,  has  the  etftct  of  ratification.  It  should  be  said  that  only  the 
formal  agreements  (jf  the  Conference,  such  as  the  Conventions  and 
signed  Declara'  'ms,  are  ratified.  The  informal  agreements,  such  as 
the  unsigned  deci.>.ations,  resolutions,  recommendations  and  la'tix 
(a  cross  between  a  wish  and  a  hope),  are  not  signed  ■^eparatcly.  The 
formal  Conventions  and  signed  Declarations  are  in  the  nature  of  eon- 
tracts  which,  when  ratified  and  deiwsited  at  The  Hague,  become  bind- 
ing u])on  the  ratifying  Governments.  The  informal  agreements  are 
not  contracts.  They  are  expressions  of  opinion  by  the  Conference 
and,  as  such,  have  a  moral,  though  not  a  legal,  value.  They  are  not 
issued   separately  but  are  contained   in   the  Final  Act,   which  is  an 


INTRODUCTION  ^j 

official  summary  of  the  proccc.lings  of  each  Conference.    As  sucli  it  is 
signed  by  the  delegates  hut  not  ratified  hy  the  participatinij  States. 

It  is  net  the  purpo.se  of  t'lis  brief  note  to  comment  in  derail  upon  the 
formal  or  informal  ;  -rcemeiit.s  of  the  Conferences,  as  they  speai<  for 
tliembclves.  It  is,  however,  advisable  to  make  some  general  obser- 
vations upon  the  Conventions  and  sitjned  Declarations  dealing  with 
war,  upon  the  Prize  Court  Convention,  and  upon  the  Convention  for 
the  establishment  of  a  Court  of  .\rbitral  Justice. 

Most  of  the  Conventions  and  the  si^^ncd  iX-clarations  concerning  war 
.ontam  a  clause  to  the  elTcct  that  they  onlv  bind  belligerents  which  hive 
ratified  them,  and  then  only  if  all  the  belligerents  are  contracting  Pow- 
ers.   It  IS  therefore  necessary  to  ascertain  whether  all  belligerents  have 
ratified  a  particular  Convention  before  [)ronouncing  it  to  be  in  effect 
as  regards  them.     It  should,  however,  be  pointed  out  that  the  failure 
of  a  belligerent  to  ratify  a  particular  Convention  onlv  means  that  the 
Convention  as  such  i.  not  bin-ling  upon  it;  it  does  not  and  can  not 
mean  that  the  principles  of  law  contair  ed  in  the  Convention  may  not 
bind  the  conduct  of  the  parties.     It  is  therefore  necessar>'  still  further 
to  ascertain  whether  the  provisions  of  the  Convention  are  mereh-  a 
cotlification  of  international  law.     In  this  event  the  provisions  are  bind- 
ing as  international  law.  although  the  Convention  itself,  or  this  part 
of  It,  may  be  ineffective.  .\  careful  examination  of  the  Conventions  of 
the  two  Conferences  will  show  that  m.-t  of  their  provisions  are  <leciara- 
tory,  not  amendatory,  of  international  law,  and  that  the  failure  of  one 
Power  or  of  any  number  of  Powers  to  ratifv  them  is  merely  to  be  re- 
garded as  the  rejection  of  a  codified  te.xt,  not  as  the  rejection  of  .Prin- 
ciples of  international  law,  which  no  Power  can  reject  without  exclu.!- 
ing  Itself  from  the  society  of  nations. 

A  word  should  be  said  about  the  Additional  Protocol  to  the  Conven- 
t.on  f,.r  the  Internationa!  Pri^e  Court.  Ry  this  Convention  an  appeal 
cnnl.l  he  taken  from  the  judgment  of  the  highest  court  of  a  partic'ihr 
country  to  the  Pri.e  Court  at  Tiie  Ha,gue,  a  provision  which  met  with 
;^ome  opposition  i„  .Ik-  rnited  .^tate^  on  the  ground  that  it  migiit  be 
in  conflict  with  tne  Constitution  article  III.  section  1).  which  vests 
the  judicial  power  of  the  Unito.l  .^t,-,tes  in  the  Supreme  Court  thereof 
Secretary  Root  therefore  proposed  that,  to  obviate  possible  con^titu- 
t.nna  dittanilties.  the  <|uestion  at  i^^ue  between  the  Governments  ,-,n,l 
"-1  Ihe  judgment  of  tiic  court  of  l.-.^t  resort  .hnuld  be  submitted  to 
the  Intemational   Prize  Court.     Tl,e  result  would  be  a  decision  upon 


xii  IMRODUCTION 

tlic  merits  of  a  cu'-e  williotil  a  reversal  of  the  national  jiidKinent. 
Accordingly  lie  took  a(lvanta},'e  of  a  conference  of  maritime  Powers, 
called  l)v  (Ireat  Hritam  in  l'H)S  fur  the  fornnilatioii  of  rules  of  inter- 
national law  to  be  observed  by  the  liiternatintial  Prize  t'onrt.  to  se- 
cure such  a  modilication  of  the  Prize  l.ourt  lonvciition.'  The  Con- 
ference sittini;  in  London  front  December  4,  1<X)S,  to  Febrtiary  26,  1909. 
aiiprcixed  the  jiroposal  in  |irinci|ile  but.  feeliii!,'  that  it  .vas  oeynnd  its 
set)]!!'.  ^uiji;e«ted  that  an  aj;rei'nient  should  be  reache<l  with  the  varioifs 
-ifjnatories  of  the  original  Convention  throu),di  diiilomatic  channels - 
Secretary  Hacon.  Mr.  Root's  successor,  thereupon  notified  the  Powers 
rei)resented  at  the  London  Conference  that  this  method  of  procedure 
was  acceptable  to  the  United  States  and  that  it  would  "send  an  identic 
circular  note  to  each  of  the  participating  powers,  settini,'  forth  at  length 
the  rea-(Mis  which  influence  the  Uniteil  States  to  reijuest  a  rehearing  dc 
tunv  of  a  (|uestion  mvolved  in  a  national  prize  decision,  and  the  means 
whereby  this  change  of  procedure  may  be  etYected  without  interfering 
with  the  rights  of  governments  or  individual>  under  the  prize  court 
con\ union."'  Therefore  Secretary  Knox  sent  an  identic  circular  note' 
dateil  October  IS.  1909.  in  accordance  with  the  notice  given  by  his  im- 
mediate i)redccessor.  in  which  he  fully  explained  the  reasons  of  a  con- 
-tituti(jnal  nature  which  induced  the  Cnited  States  to  reipiest  a  modifi- 
cation of  the  Prize  Court  Convention  and  -uggested  the  alternative 
Iirocedure  bv  which  the  objection  could  be  removed.  .\s  the  result  of 
negotiatiuns  b;i-ed  uiion  the  terni^  of  this  note  an  additional  protocol 
modifying  the  Prize  Cmn-l  Convention  in  this  sense  w;is  signed  at  The 
Hague.  September  V>.  KMO.  by  thirteen  Power-  and  has  since  been 
signed  by  every  signatory  of  the  original  Convention.''  The  text  of 
this  dcK-nment  is  therefore  included  in  the  colL'Ction.  as  it  i-  necessary 
to  a  correct  underst.-inding  of  the  nature  and  functions  of  the  pro- 
posed Prize  Court. 

Finally,  the  attention  of  the  reader  =hould  be  called  to  the  fact  that 
a    draft    convention    for   the   e-tabli-hment    of    a    permanent    court    of 


i/',.r,i.,i;    rclahi^'lx  ,./   (/i.'   I'r.itni  Slat.-s.   VH^).  pp.   .^00.  ,W. 

-nul..'\).  .^18. 

■//»/..  vm.  ]■.  '?•'■>. 

Ul'ui..  p.  .=;97.  .    ^  ^.         „       „ 

■■•■By  nrder  >'\  iiiv  (Ii.vcriinicnt  I  Ii.ive  t!io  hc.nc-  tc  inform  ^  our  I'.xcellency 
tliat  \hc  .ndditiMnal' prctnonl  to  tlie  ("onveiition  r  .ativt-  tn  the  cn-ntiim  of  an 
IntcriKitional  Prize  I'mirt  lia>  lU'W  Ik-i'M  mkik'cI  hy  all  llie  .^t.ites  -;i«iiatnr.y  to 
tlic  said  Cniiv.'iition."  (Mr.  Idtiilnn,  Minister  of  the  W-tlR-rlands.  to  the  Sec- 
retarv  of   .State  of  the   United   States,   .Xugiist   14,    1911.) 


INTRODUCTION' 


XIII 


justici-  was  adopted  by  llu'  Second  (diifctciuc.  I'li.-ihli.  to  afjnu  ui>oii 
the  method  of  appointing  the  judRes,  tlie  Conference  nevertheless  de- 
clared itself  in  favor  of  instituting  the  Court,  through  diplo- 
matic chaimds.  after  the  adjournment  of  the  Conference,  as  appears 
from  the  following  7vii/; 

The  Conference  recommends  to  the  signatory  Powers  the  adop- 
tion of  the  annexed  Draft  Convention  for  the  creation  of  a  Iiulicial 
Arhitration  Court,  and  the  bringing  it  into  force  as  soon  as  an 
agreement  has  l)een  reached  re-.))tcting  the  selection  of  the  judges 
and  the  constitution  of  the  Court. 

Like  the  P'rize  Court,  the  Court  of  Arbitral  ju>tice  has  not  yet  been 
established,  hut  there  can  be  no  doubt  thai  one  or  the  other  will  be 
constituted,  or  that  a  tribunal  with  the  jurisdiction  of  both  will  be 
created  and  be  installed  at  The  Hague  at  no  distant  date. 

It  has  been  said  that  the  Hague  Conference,  from  being  an  experi- 
ment, has  become  an  institution.  In  support  of  this  statement  the 
following  passage  is  quoted  from  the  Final  Act  of  1907: 

Finally,  the  Conference  recommends  to  the  Power';  the  assembly 
of  a  Third  Peace  Conference,  which  might  be  held  within  a  period 
corresponding  to  that  which  has  elapsed  since  the  preceding  Con- 
ference, at  a  date  to  be  fixed  by  common  agreement  between  the 
Powers,  and  it  calls  their  attention  to  the  necessitv  of  preparing 
the  program  of  this  Third  Conference  a  sufficient  time  in  advance 
to  ensure  its  deliberations  being  conducted  with  the  necessary 
authority  and  expedition. 

Fight  years  intervened  between  the  First  and  the  Second  Confer- 
ence. The  Third  therefore  .should,  in  accordance  with  this  recommen- 
dation, have  been  held  in  1915.  The  date  of  meeting,  however,  is  un- 
important, if  it  be  admitted  that  the  meeting  should  and  must  take 
place.  Tlie  Conference  should  meet  automatically  at  regular,  stated 
periods.  It  will  doubtless  do  so,  and  when  an  international  conference 
meets  at  short  intervals  at  The  Hague  the  world  will  have  an  institu- 
tion which  can  not  only  codify  but  can  develop  international  law  to 
meet  the  needs  of  nations,  binding  all  because  made  and  accepted  by 
all,  and  adopt  measures  conceived  not  in  the  interest  of  any  one 
country  but  of  alt  countries,  for  the  Conference  i>  in  realilv  a  law- 
making body. 

As  to  the  value  of  the  Hague  Conferences,  there  can  be  no  doubt. 


3 


xiv  INTKODUCTION. 

On  this  [Kiiiit  Secretary  Fioot  said,  in  submittinjj  tlie  Hague  Conven- 
tions of  I'l)"  for  consideration  by  the  Senate: 

I.cl  nie  KO  htyotul  llie  limits  of  tlie  customary  fdrnial  letter  of 
traii-niittal  and  say  that  I  -hink  the  work  of  the  Sicniid  Ihi^jue 
Conference,  which  is  mainly  embodied  in  these  Conventions,  pre- 
senl>  ilic  (greatest  ailvance  ever  made  .'it  any  sinj,de  time  toward 
the  re.i-' inal)le  and  peaceful  re^;u!,itiiiii  of  international  conduct, 
uiiie~s  U  be  tlie  advance  made  at  the  llatjue  Conference  of  18W. 

Tile  mu-t  valuable  result  of  the  Conference  of  18''9  was  that  it 
made  the  uork  of  the  I'onference  of  1907  possible.  The  achieve- 
ments of  the  two  Conferences  ju-lify  the  belief  that  the  world  has 
entered  ujjon  an  orderly  process  through  which,  step  by  step,  in 
successive  Conferences,  each  taking;  the  work  of  its  predecessor 
as  its  point  of  (le)>artnre.  there  may  be  continual  proj^ress  towartl 
making'  the  practice  of  civili/ed  nations  conforn)  to  their  peace- 
ful (irofessions.' 

We  must  not  expect  too  much  at  once.  The  world  moves  slowly, 
but  it  moves.  To  quote  the  j;raceful  lan^juape  of  the  creator  of  the 
Conference,  the  j)re--ent  enlijjhtened  Czar  N'icholas:  "One  must  wait 
longer  when  planting  an  oak  than  when  plantinjj  a  flower." 

J.\MKs  Hrow.n  Scott, 
Dire  lor  of  the  Oiiisiou  of  futci iiatioiui!  I.uw 


'.^ii;atf  diiciinRiil   X^i.  444.  (jOih  ( 


DOCUMENTS  CHIEFLY  RELATING  TO  THE  CALL  OF  THE 
CONFERENCES 

HUssiAN  cn<(i;,.Ai<  sun,  rKoiusiN,;  riii.  hkst  pkau:  o.n.  ,  ki.mk' 

The  maintenance  of  general  ,,.a.c  an.l  a  possible  re.liuf  on  ol  llx 
excessive  a.tnanients  vvI.kI.  weigh  upon  all  nations  prevnt  llumselves 
■n  the  ex.snnj;  coM.I.Uon  of  the  whole  wu.  1.1,  as  the  i.leal  towards  which' 
the  en.kavois  of  all  Gov..rnnients  should  he  directed. 

I  he  humanitarian  and  magnanimous  views  of  His  Majesty  the  hin- 
ptror   n,y  august  master,  arc  in  perfect  accord  with  this  sentiment 

li.  the  conviction  that  this  lofty  aim  is  in  conformity  with  the  n.ost 
essentia  interests  and  the  legitimate  aspirations  of  all  Powers,  the 
."pena  (government  believes  that  the  present  tnoment  would  be  very 
favorable  for  seeking,  by  means  of  international  discussion,  the  most 
cl.ective  means  of  ensuring  to  all  peoples  the  benefits  of  a  real  and 
lasting  peace,  an.l  above  ail  of  limiting  the  progressive  <levclopm-n'  of 
existing  armaments. 

In  the  course  of  the  last  twenty  years  the  longings  f.,r  a  general  e 
of  peace  have  become  es,,ccially  pronounccl  in  the  c..n.,iences  of  civil- 
.^e.l  nations.  I  he  preservation  of  peace  has  been  put  forwanl  as  the 
object  ot  international  policy.  I„  i,s  name  great  States  have  formed 
powerful  alliances:  an.l  for  the  better  guarantv  of  pe.-,ce  tbev  have 
<  evelo,,e.l  their  military  forces  to  proportions  hitherto  unknown  an.l 
still  continue  to  increase  them  without  hesitating  at  anv  sacrince 

.11  these  efTorts  nevertheless  have  n..t  yet  led  to  the  benellcent  results 
ot  the  desirc.i  pacification. 

The  ever-increasing  financial  charges  strike  and  paralv.e  pnblic  pros- 
pent.v  at  Its  source;  the  intellectual  an.l  phys.'-al  strenrth  of  the  na- 

'Ilandeil    to    the    diplomatic    representatives     \mn,ot    n/->i     lono     l      n 
n    I  U'  "   P:ir!Mmentrirv   Paper,   Fx'u^.ia    N'o    I     ISW    n    1-    I.V,.  ,  h 


■% 


XVI 


lUn.oMATIC  CORRESI'ONUKNCE 


tions.  tluir  lal>or  and  capiUil.  arc  lor  the  most  part  diverted  from  their 
natural  apphcalion  and  uiiproductively  consumeil ;  liundrols  ot  luilliuns 
arc  >|iiiit  n)  ac(|uninj;  lerrilili-  injinics  of  di'slruction,  wliiih  thmi^di 
tt)-ilay  nj;ard(.(l  a-,  the  la>t  word  of  Miencc  are  dolined  to-morrow  to 
lo>f  all  value  in  eoiisecjiienii-  of  >onie  fre-^li  di>t.oV(iy  in  the  same  held. 
National  culture,  eeoiiomie  pro),'res>.  and  llie  |iiiidnelion  of  wealtli  arc 
either  paraly/eil  or  perverted  m  their  development. 

Monover.  ni  prti|i()rtion  a>  tlii'  armaments  of  laeh  Power  increase, 
so  do  they  less  and  less  attain  the  ohjiel  .omed  al  liy  the  liiiveitnueiits. 
I'A'onomic  crises,  due  in  KWdt  part  to  the  system  of  iiiiassinjj  arnia- 
ni'.'iils  to  the  point  of  exhaustion.  ,md  the  eont''".ial  dan^jer  which  lies  in 
i\u>  accumulation  of  war  material,  are  traiisformiii),'  the  armed  peace 
of  our  days  into  a  cnishin>»  harden  which  the  peoples  have  more  and 
more  dit'ticulty  in  hearin;;.  It  .ipp'ars  evident,  then,  that  if  ll'is  state  of 
alfairs  tie  ]iroloiiged,  it  will  inevitahly  lead  to  the  wv\  catailv>m  which 
it  is  desireil  to  avert,  anil  the  im|)endini;  honors  of  which  are  fearful 
to  e\ery  hmnan  thout;ht. 

l:i  checking;  these  increasint;  .irnianunts  ,ind  in  seekini,'  tlk  means  of 
averting;  the  calamities  which  threaten  the  entire  worM  lic>  the  supreme 
(hlty  lo-d.iy  restiii!,'  upon  .ill  Slates. 

Imluied  with  this  iilca.  His  .M.ijesty  has  iieen  pleased  to  conuiiand 
n;e  to  proiuisc  to  ,dl  the  ( iovernnients  which  h.ive  accredileil  represen- 
t.itives  at  the  Imperial  (.durt  the  hoMini;  of  a  conference  to  consider 
tlr     'jr.ivi'  jirohlem. 

Tills  1-  iifercnce  winild  he.  liy  the  help  of  God.  a  hapjiy  pre.s;i;;e  for 
llu  century  .linut  to  ojien.  It  wnnld  converge  into  a  sini,'le  powerful 
force  llu  .  iTirt-  i>f  .lU  the  St.ates  which  sincerely  wish  the  fjre.it  con- 
cejition  oi  niiuc-  '  peace  to  triumph  over  the  elements  of  disturbance 
and  di-t'nri|.  It  would  ,it  the  s;nre  time  ci'inent  their  aj^'reement  hy  a 
sn^nm  a\ii\\,-il  of  the  principles  of  ci|nilv  and  Law,  U]ion  which  re- 
pose the  security  of  St.ites  and  the  welfare  of  peoples. 

Count  MouK.wiriT. 

.'>T.  I'i:Tr:Ksni-R(;,  Atiqiist  12.  /.?(?.?. 


,-;.\**« 


W^ 


I'KIXI.DINC,  Till    CUM  I  l<|.;\(|  s  xyii 

KISSIAN   I  IKl  I  I.AK   Null,  l'i«.li  IM  N. ;   rill    I'HlHJkAM  UK  TIIK  HKST 

I  oM  i,i<i  :^\  k' 

Si.  I'itinsiuki,,  Dccwhcr  jto,  /Ay.v- 
WlR'ii.  .lumiK'  tho   ni.mtli  „|    Auku^I    l;.^l,   mu    .aiKU>t   master  omi- 
liia.i.Kd  inc  lo  pn.pu.c-  i„  tlu>  ( ,uv.  rnnunts  wliitl.  h.iv.   rcpicscntalucs 
III  M.   IVUT>l>ii|-t;  till'  ilu.tlMi;  ,.1   ;,  n.iilVrrna'  uitli  tin-  ,,l,jr.  i   ,,1    ,,    ;. 
in;;  ihc  nioM  dlcrtivc  niciii,  ut  iMMinnjf  to  all  pcpifs  the  bcnclhs  of  a 
rial  aiul  laslin«  piacc  an.!,  al.ovc  ali.  of  liniitinn  the  proKre-,sivc  ik- 
vcli.pincnt  of  cxi.tiiiK  ariMaincnts,  there  appeare.l   to  he  no  ohstacie 
Ml  the  way  ol  realization  at  no  distant  date  of  this  iiuniaiiitarian  scheme 
Ihe  eor.hal  iiception  aco.r.ied  by  nearly  all  the  I'owers  to  the  step 
taken  hy  the   Imperial  Covernment  couM  not   fail  to  stren;;then  this 
expectation.     U  liile  hi;;hly  appreciating  the  sympathetic  terms  in  which 
the  adhesions  of  most  of  the   Powers   were  expressed,  the   Imperial 
I  ahinet  has  been  also  able  to  collect,  with  lively  satisfaction,  evi.lence 
ot  the  warmest  approval  which  has  reached  it,  and  continues  to  be  re- 
ceived, from  all  dasse  ,iety  in  various  parts  of  the  world. 

Xotwithstnn.lin-  the  st  ,,-  current  of  opinion  which  exists  in  favor 
of  the  Kleas  of  ^itural  pacitic.ition.  'he  political  horizon  has  recently 
un,ler;;onc  a  .lerid.,1  chan-e.  Several  Povvers  have  undertaken  fresh 
armanunts.  stnvm;:  to  increase  further  their  military  forces,  and  in 
the  presence  of  this  uncertain  situation  it  might  be  asked  whether  the 
I  owers  consi.ler  the  present  moment  opportune  for  the  international 
discussion  of  the  ideas  set  forth  in  the  circular  of  August  12  24. 

In  the  hope,  however,  that  the  elements  of  trouble  agitating  political 
centers  will  soon  give  place  to  a  calmer  disposition  of  a  nature  to  favor 
the  .success  of  the  proposed  conference,  the  Im,,eHal  Government  is  of 
the  opinion  that  it  wouhl  be  possible  to  proceed  forthwith  to  a  prelim- 
inary exchange  of  ideas  between  the  Powers,  with  the  object: 

(a)  Of  seeking  without  rlelay  means  for  putting  a  limit  to  the  pro- 
gressive uicrease  of  military  an.l  naval  armaments,  a  question  the  sobi- 
tton  of  which  becomes  evidently  more  and  more  urgent  in  view  of 
the  fresh  exten>ioii  given  to  these  amiamenfs :  and 

'll.-indi-fl    to    \hv    .liplnm.itic    reproscnfativos    at    Pclrnirrad.    Tanuirv    11     1>W 
«,K  ■    '    t-   V-'  'r'    f^"'"'™''*"^   n.x-ii.n.-nt    (■,.„/.•>,•„,■,■  int,-r,u,ti.„„h  ,/,•  ,',,  ^„> 


3j^,ijj  DIFLOMATIC  COKKKSi'ONUEN'Ci: 

(h)  Of  preparing  the  way  for  a  discussion  of  the  questions  relating 
to  the  possibility  of  preventing  armed  conflicts  by  the  pacific  means  at 
the  (hsi>osal  of  international  diplomacy. 

In  the  event  of  the  Powers  considering  the  present  moment  favorable 
for  the  meeting  of  a  conference  on  these  bases  -t  would  certainly  be 
useful  for  the  cabinets  to  conic  to  an  understanding  on  the  subject  of 
the  jirogram  of  its  work. 

The  subjects  to  be  submitted  for  international  discussion  at  the  con- 
ference could  in  general  terms,  be  summarized  as  follows : 

1.  An  understanding  stipulating  the  non-augmentation,  for  a 
term  to  be  agreed  upon,  of  the  present  effective  armed  land  and  sea 
forces,  as  well  as  the  war  budgets  pertaining  to  them  ;  preliminary 
study  of  the  ways  in  which  even  a  reduction  of  the  aforesaid  effect- 
ives and  budgets  could  be  realized  in  the  future. 

2.  Interdiction  of  the  emiiloymeiU  in  armies  and  fleets  of  new 
firearms  of  every  descriiition  and  of  new  explosives,  as  well  as 
powder  more  powerful  than  the  kin<ls  used  at  present,  both  for 
guns  and  cannons. 

3.  Limitation  of  the  use  in  field  lighting  of  explosives  of  a  for- 
midable power,  such  as  are  now  in  use,  and  prohibition  of  the  dis- 
charge of  any  kind  of  projectile  or  explosive  from  balloons  or  by 
s'".iilar  means.  ,   . 

4.  iVohibition  of  the  u>e  in  naval  battles  of  submarine  or  diving 
torpedo  boats,  or  of  uther  engines  of  destruction  of  the  same  na- 
ture :  agreement  not  to  construct  in  'he  future  war-shijjs  armed 
with  rams. 

5.  .Adaptation  to  naval  war  of  the  stipulations  of  the  Geneva 
Convention  of  1864,  on  the  base  of  the  additional  articles  of  1868. 

6.  Xentralization.  for  the  same  reason,  of  boats  or  launches  em- 
plovrd  'n  the  rescue  of  the  shipwrecked  during  or  after  naval 
battles. 

7.  Revision  of  the  declaration  concerning  the  laws  and  cu-toms 
of  war  elal'iirated  in  1874  by  the  Conference  of  Brussels,  and  not 
vet  ratified.  . 

8.  .Acceptance,  in  iirincijilc,  of  the  u^e  of  good  offices,  niedtation, 
and  voluntarv  arbitration,  in  cas<'s  where  thev  are  avail.able,  with 
the  purpo-.e  of  preventing  armed  conflicts  between  nations  ;  under- 
st.-mdiiiLr  in  rel.ition  to  their  mode  of  a|)plicalioii  ;ind  establishment 
of  a  uniform  practice  in  employing  them. 

It  is  well  understood  that  all  (juestions  concerning  the  political  re- 
lations of  States,  and  the  order  of  things  established  by  treaties,  as  in 
general  all  (inestions  which  do  not  directly  fall  within  the  program 
adopted  bv  the  cabinets,  must  be  absolutely  excluded  from  the  delibera- 
tions of  the  conference. 


PRrXKDINT,  THK  COXIKRKNCKS  xix 

In  rtviucsting  you,  sir,  to  J)c  .ijood  enough  to  apply  to  your  Govern- 
ment for  instructions  on  the  subject  of  my  present  communication,  I 
beg  you  at  the  same  time  to  inform  it  that,  in  the  interest  of  the  great 
cause  which  my  august  master  has  so  much  ,at  heart.  His  Imperial 
Majesty  considers  it  advisable  that  the  conference  should  i.ot  sit  in  the 
capital  of  one  of  the  Great  Powers,  whore  arc  centered  so  many  polit- 
ical uUerests,  which  might,  perhaps,  impede  the  progress  of  a  work  in 
win'ch  all  countries  of  the  universe  ,irc  ei]ua!ly  interested. 

1  have,  etc.. 

Count  Moi'k.w  ifim'. 


ClKCrl.AK   i.\SlKlCTUl.\  OF  TUK   M:T  111;KI..\N1)  MIMSTKk  FUK  KOKI£l(i.\ 

\i  i-.MKs  ro  Till;  DU'LDMATR-  i;i:i';<i;si;.\T.\Ti\  i.s  ok  tiik  .nkthkr- 
i..\M)S.     i.\vri\TH).\   T,,  Tin;  C(im-i;i;i;.\lf.' 

Mk.  Mi.nisteu:  '  '"^  Haul-k.  Atril  6.  iSgg. 

Tlie  lni])erial  Governnieiu  of  Ru.^sia  addres.sed  on  .August  12/24, 
1S9S,  to  the  ilii)lomatic  rejire^entatives  accredited  to  the  Court  of  St. 
Petersburg  a  circiiar  e;qiressing  ;i  desire  tcr  tile  meeting  of  an  inter- 
national conference  which  should  be  couuiii-Moned  to  seek  the  most 
effective  means  of  ensuring  to  the  world  a  Lifting  |)eace,  and  of  limit- 
ing the  progressive  develoj>ment  of  military  armaments. 

This  proposal,  due  to  the  noble  and  generous  initiative  of  the  august 
ICmperor  of  Rnssi.i,  having  met  everywhere  with  .a  most  cordial  recep- 
tion, and  obtained  the  general  assent  of  the  Powers,  his  ICxcellency  the 
Minister  for  Foreign  .VtY.iirs  of  Russia  addressed  December  30,  1898 
(Jann.iry  11,  18<,K))  to  the  same  di|)!omatic  rejjresent.itives  a  second 
circular,  giving  a  more  concrete  form  lo  the  generous  ideas  announced 
by  the  nuignaninious  Kmperor  and  indicating  certain  (|ue>tions  which 
might  be  specially  submitted  for  discussion  by  the  proposed  conference. 

For  political  reasons  the  Imperial  Russian  Government  thought  that 
It  would  not  be  desirable  th.at  the  meeting  of  this  conference  should 
take  jilace  in  the  capital  of  one  of  the  great  Powers,  and  after  being 
assure.l  of  the  assent  of  the  Governments  interested,  it  .addressed  the 
(  abmet  of  1  be  Hague  with  a  view  of  obtaining  its  consent  to  the  choice 


lie  111  liux:  liriti-^li   P.-irlianirnlarv  Va\<v.  Mi-,-,  llaiUMn^.  \,,    1    \^)<)   ,,    y      \:^„_ 
li-h  versions  in  Hoik,  ,,/,.  ,  ,<  ,  j,.  .?J.  a,,,]  ,1,,,  p,,r!,;;„-,,,,-i,,.  ^  ai^vr  ..t.d' 


XX 


Dll'l.i  ».\;ATIC  C()RKKSF0NU)I-;NCE 


of  tliat  capital  as  the  seat  of  the  conference  in  question.  1  at  once  took 
the  orders  of  Her  Majesty  the  (Jueeti  in  re(^ard  to  this  request,  and  I 
am  happy  to  be  able  to  inform  you  that  Her  Majesty,  our  august 
sovereign,  has  been  pleased  to  authorize  me  to  reply  that  it  will  be  par- 
ticul.irly  agreeable  to  her  to  see  the  propi  ,,eil  conference  meet  at  The 
Hague. 

Consecjuently,  and  in  accord  with  the  Imi)erial  Russian  Government, 

I  have  the  honor  to  instruct  you  to  invite  the  (iovcinment  of 

to  be  good  enough  to  be  re]>resented  at  the  above-mentioned  con- 
ference, in  order  to  discuss  the  (juestions  indicated  in  the  second  Rus- 
sian circular  of  December  30,  1898  (January  11.  1899),  as  well  as  all 
other  (luestions  connected  with  the  ideas  set  forth  in  the  circular  of 
August  12  24.  1898,  excluding,  however,  from  the  deliberations  every- 
thing \-  lich  refers  to  the  ])olitic;i'  elations  oi  States  or  to  the  order  of 
things  established  by  treaties. 

1  trust  that  the  ("lovermneiit  to  which  you  are  accredited  will  ])artici- 
|)ate  in  the  great  humanitarian  work  to  be  entered  U])on  under  the  aus- 
l)ices  of  Hi-  Majesty  tlie  F.mperor  of  .All  the  Rns.--ias.  and  that  it  will 
be  dis])oscd  to  accept  our  invitation  ami  to  take  the  necessary  steps  for 
the  presence  of  its  representatives  at  The  Hague  on  May  18.  next,  for 
the  opening  of  the  conference,  at  which  each  Power,  whatever  may  be 
the  number  of  its  delegates,  will  have  only  one  vote. 

l^ltase  acce|)t,  Mr.  Minister,  renewed  assur.ince  of  mv  high  consider- 
ation. 

\\'.  H.  nic  Rfaufokt. 


TlIK  SI  CKKT.XKV  OT  ST.\TK  OK  TlIK  rXITKl)  ST ATKS  TO  THE  .XMKKir.AN 
DIIM.OM  ATIl'  KF.I'1;I.S1;NT.\T1V1;s  MCRF.DITKn  TO  Till-;  r.OVF,RN'MF,NTS 
S!^,^-.\TOK^■   TO  TIIF   ACTS  OF  -^HF    I'IKST   IIAr.fF   CONFEWF  \''K 


,-,.i 


DiU'ARTMFNT  OF"   .SiwTl:, 

Wastiincton.  October  Ji.  iqoj. 

'>]k:  The  I'e.ii-e  Conference  which  .isscmbled  at  The  Hague  on 
Max-  IS,  18'>''.  marked  an  epoch  in  llie  hi-torv  of  nation^.  Called  by 
Hi-  Mait-ty  the  Mmperor  of  Kn-~ia  to  discuss  the  problems  of  the 
maintenance  of  general  peace,  the  regulation  of  the  operations  of  war, 
and  the  le^'^ening  of  the  burdens  which  preparedness  for  eventual  war 

'/'.  rn.in   rrhi'.i'ns    '/  1h,-  VnitcJ  Sl:itrs.  l'»<)4.  p.   10, 


PRECEDING  THE  CONFKREN-CES  ^xi 

entails  upon  modern  peoples,  its  lal.or.s  resulted  in  the  acce,,tance  by  the 
s.fjnatory  owers  of  Conve.uions  for  the  peaceful  adjustn,ent  of  imer- 
nafonal  , hffieult.es  by  arbitration,  and  for  certa.n  humane  amend- 
ments to  the  laws  and  cn.ton.s  of  war  bv  land  an<I  sea.  A  .aeat  work 
was  thus  accomplished  by  the  Conference,  while  other  phases  of  the 
Rener.-d  subject  were  left  to  discussion  by  another  conference  in  the 
near  utu-v,  M.ch  a.  .|ues,io„.  attect.ns  tbc  risht.  and  duties  of 
mutrals  the  mv.olabd.ty  of  private  property  in  naval  warfare,  an.l  the 
i>-mbardment  of  port>,  towns.  an,i  villa.tjes  by  a  naval  force 

AnKm.u'  the  movements  which  prepared  the  minds  of  ( iovernments 
for  an  accord  u,  the  directior,  of  assured  peace  ,.mon^.  men.  a  high 
P'---  n,ay  flttm,dy  be  ,nven  to  .hat  set  on   foot  bv  the   Interparhl 

T  V  ',",""■  /'"'  '"'^  "'■'■'^'"  *"  "'^  M,ffso<tion;  of  a  men,ber  of 
K  I.r.tph  I  on^e  of  C-nrnmo,,..  in  1S.S.S,  it  developed  untd  i,s  men,ber- 
>h,p  nu-  ude,i  Lu-f,^e  nun.bers  of  dele,raies  from  the  parliament,  of  the 
pnncpal  nat.ons.  pled^^ed  t„  exert  then-  influence  Tow.-  1  .lu-  cucIumou 
of  treaties  of  arbitration  between  nations  and  toward  he  accomplish- 
ment of  peace.  It.  annual  conferences  have  notablv  advanced  the 
h.j;h  purpo.es  ,t  sou.irht  to  realize.  Not  only  have  m.anv  i,-  national 
treaties  of  a-b.tration  been  concluded,  but.  in  the  confere,  held  in 
Holland  m  894,  the  memorable  declaration  in  favor  of  a  Permanent 
C  onrt  of  Arbumtion  was  a  forerunner  of  the  most  important  achieve- 
ment of  the  Peace  Conference  of  The  Hasrue  in  1899 

The  annu.al  conference  of  the  interparliamentarv 'union  was  held 
tills  >  ear  at  St.  Louis,  in  appropriate  connection  with  the  world's  fair 
Its  deliberations  were  marked  by  the  same  noble  devotion  to  thecause 
of  peace  and  to  the  welfare  of  humanity  which  had  inspire.l  its  former 
meetings.  I.y  unanimous  vote  of  delegates,  active  or  retired  members 
of  the  American  Congress,  and  of  every  parliament  in  Europe  with 
two  exceptions,  the  following  resolution  was  adopted: 

-.lik);'d™,l 'K"r;v''  ''"''"';  "''■"'""  ^""'  '""d"^"'  civilization 
.1  led  and  set  Id  ,n  the  same  manner  as  disputes  between  ndi- 
V  duals  are  adjudicated,  n.amely,  by  the  arbitrament  of  corn 
.u,  dance  with  recogm.ed  principle,  of  law.  t!„s  conferenc  r  - 
-1  c>t>  the  .everal  ( .overnment.  of  the  world  to  send  delegates  to 
an  international  conterence  to  be  held  at  a  time  and  plac-e  to  be 
agreed  upon  by  them  for  the  purpose  of  considerin-'-    ' 

at   Tl  e   H-l'f """  ^°'  "T  ^■""^"'r'''^*""  '^»  "■'"■'^•'  ">f  Conference 
at    lie    Hague   expressed   a   wish   that   a    future   conference   be 


i*/  sM^j^.. 


XXII 


nil'I.OMATIC  COKKKSroN'OF-NCE 


2.  Tlie  iU'.u;oti;ition  of  irliitration  treaties  hetweeti  the  nations 
reprt'scnted  at  the  Conference  to  be  convened. 

3.  The  advisability  of  e^ta!)H^hiIll,'  an  international  coiiijress  to 
convene  periodically  for  the  discnssion  of  international  questions. 

And  thi^  Conference  respectfully  and  cordially  re<iuests  the 
President  of  the  United  States  to  invite  all  the  nations  to  send 
rei)resentatives  to  such  a  conference. 

On  .*>epteniber  24.  ultimo,  the^e  resolutions  were  presented  to  the 
President  by  a  numerous  deputation  of  the  Interparliamentary  Union. 
The  President  accepted  the  charge  offered  tn  him,  feeling  it  to  be  most 
appropriate  that  the  Ivxecutive  of  the  nation  which  had  welc(3med  the 
conference  to  its  hospitality  should  give  voice  to  its  impressive  utter- 
ances in  a  cause  which  the  .American  (iovernment  and  people  hold 
dear.  He  announced  that  he  would  at  an  early  day  invite  the  other 
nations,  parties  to  the  Hague  Conventions,  to  reassemble  with  a  view 
to  ])U'shing  forward  toward  completion  the  work  already  begun  at 
The  Hague  by  considering  the  (juestions  which  the  first  Conference 
had  left  tui<ettlcd  with  the  express  provision  that  there  should  be  a 
second  conference. 

In  accejiting  thi>  trust  the  President  was  not  tmmindful  of  the  fact, 
so  vividly  brought  lujine  to  all  the  world,  that  a  great  war  is  now  in 
progrcs-.  He  recalled  the  circumstance  that  at  the  lime  when,  on 
.August  24,  1898,  His  Majesty  the  Emperor  of  Russia  sent  forth  his 
invitation  to  the  nations  to  meet  in  the  interests  of  peace  the  United 
States  and  Spain  had  merely  halted  in  their  struggle  to  devise  terms 
of  peace.  While  at  the  present  moment  no  armistice  between  the 
parties  now  contending  is  in  sight,  the  fact  of  an  existing  war  is  no 
reason  why  the  nations  should  relax  the  efforts  they  have  so  success- 
fully made  hitherto  toward  the  adoption  of  rules  of  conduct  which 
may  make  more  remote  the  chances  of  future  wars  between  them.  In 
1899  the  Conference  of  The  Hague  dealt  solely  with  the  larger  gen- 
eral problems  which  confront  all  nations,  and  assumed  no  function 
of  intervention  or  suggestion  in  the  settlement  of  the  terms  of  jieace 
between  the  United  Stales  and  Spain.  It  might  be  the  same  with  a 
reassetnblcd  conference  at  the  (iresent  lime.  Its  efforts  would 
naturally  lie  in  the  direction  of  further  codification  of  the  universal 
ideas  of  right  and  justice  which  we  call  international  law;  its  mission 
would  be  to  give  them  tuturc  effect. 

The  Presiijent  directs  tint  you  will  bring  the  foregoing  considera- 
tions to  the  attention  of  the  Minister  foi   Foreign  Affairs  of  the  Ciov- 


■v-> 


I'KF'CKDIXG  Till;  C().\11-RI-\CFS 
\ou  may  >ay  to  Inm  t!i;,t.  at   il.i.  tinu.    ;,  u-,,nli  ^> '•''-rence, 


It  is  desirable  that  in  the  foinmlati,,,,  ol 


"S,         .""""'    shonul    he   kept    clear   between   the   n.at.ers 
^^l>■^l'.  l.cio„s  to  the  pn.v„Kv  „f  nUernatin,,-,!  law  an.l  t-  „..  .]„■       ! 
ec.nvem,„nal  as  between  i„.,iv„h,al  (iovennnent.     T!^   F  n^  "J 

ri>e    na,(,n,e   t  onterence,   dated    lulv   2'J     IS'K,    kent     hi       !    , 
c  "arlv  ill  m'.tI,.       \,„  ■      ,     ■    ,•  •    "^^l''   ""■■'    distinction 

ri. It  nn  ,'""'  '"'  '"""■"'^■''  ^^■"'•■'•^''  '1^^'^'i""^  affectin..  the 

n^^n  1  justice  u,  the  relation  of  sovereign  States  which  w    ^,1  e^ 

.>ani::;i;':;r;t;:!;:;:rrs;j.;:h;-\r^^^^^^ 

matters  mentioned  in  the  V^.-i    Xct  take 'the    or  '    '"■ 

„„•,.,  ^^'  i.iKc  me  torn  or  sn  r<^^.^l,.^,-,^  f__ 

cot.sideration  by  interested  ( i,  .vernments. 

1  lie  three  points  mentioned  cover  a  lar"-o  fidd      Th,.  fi.  ^ 

^3.;;  :r:::  ■---=■;;■  ■:-s:,,,.;:; -: 

resolution  reading:  thus:  '^''''"^  ■"''''"'•■''  •' 


XXIV 


DIPLOMATIC  COKRESl'ONUENCE 


nation^  the  ])riiu-i|)Ic  of  the  e\eni])ti(m  of  all  private  jirojterty  at 
sea,  not  coiitr;:haiul  of  war,  from  eajiture  or  (le>tnictiou  l)y  bel- 
ligerent-. 
'  .\i)|)n.ved,  April  28,  1904. 

Other  matters  closely  ulTectiiif,'  the  right>  of  neutrals  arc  the  distinc- 
tion to  he  made  between  absolute  and  conditional  contraband  of  war, 
and  ihe  mviolaiiiliiy  of  the  ofticial  and  (irivate  corresi)ondence  of  neu- 
trals. 

As  for  till  ijuties  of  neutrals  toward  the  bellij^ercnt,  the  lield  is 
scarcely  less  broad.  One  aspect  deserves  mention,  from  the  prominence 
it  has  acquired  during  recent  times,  namely,  the  treatment  due  to  refu- 
gee belligerent  ships  in  neutral  jxirts. 

It  may  also  be  desirable  to  consider  and  adopt  a  procedure  bv  which 
States  non-sign;itory  to  the  original  Acts  of  the  1  l.i,ue  Conference  may 
become  adhering  parties. 

'S'ou  will  e.xpl.iin  to  his  b'xcelleney  the  Minister  of  b'oreign  Affairs 
that  the  present  overture  for  a  second  conference  to  comi)lete  the  post- 
l)oned  work  of  the  b'irst  Conference  is  not  designed  to  .supersede  other 
calls  for  the  consideration  of  s])ecial  tojiics,  such  as  the  proposition  of 
the  (knernnient  of  the  Netherlands,  recently  is-ued,  to  assemble  for  the 
purpose  of  amending  the  jirovisions  of  the  existing  Hague  Convention 
with  respect  to  hospital  ships.  Like  all  tentative  conventions,  that  one  is 
open  to  ch.inge  in  the  lighi  of  jnactical  experience,  and  the  fullest  de- 
liberation is  dcsji-ablc  to  that  end. 

Finally,  you  will  state  the  President's  desire  and  hope  that  the  un- 
doing memories  which  cling  around  The  fl.igue  as  the  cradle  of  the 
beneficent  work  which  had  its  beginning  in  1899  may  be  strengthened 
by  holding  the  Second  Peace  Conference  in  that  historic  city. 

I  am,  sir,  etc., 

Toii.v  IT.w. 


Tilt;    SKCRKT.VRV    OI"    .ST.^TF.    OK    TlIK    rN'ITKl)    ST.VTF.R    TO    THE    .V.MKRIC.AN 

Ki:rui:s|-,NT.\Tivi;s  .\c(i<i:i)iti:i)  to  tiii-  riovKRNMFNTS  signatory  to 

TIIK  .ACTS  or  TIIK  I'lUST  H.AC.UE  co.v  fkkknce' 

Dep.\rtment  of  State, 
Wa-'^hington,  December  i6,  rpn/. 

Sir:  Ry  the  circular  instruction  dated  October  21,  1904,  the  repre- 
sentatives of  the  I'nited  States  accredited  to  the  several  Governments 


'/•^>r,i.;ii  r,/ii/i.'>i.v  ../  ill,'   ('hi/.v/  Stat.-s.  10()4,  [i.   I.i. 


1'K1XI,UI\(,  TliK  a».\|.KI<i:\LK.S 


XXV 

which  took  pan  i„  the  IV.ce  Conference  held  at  The  Hague  in  1899 

an     unc  ,  jouk.    n.  .s.,n,nK  the  Act>  .hereof,  were  instru'e.l  to  hri^ 

.1.0  no„ce  of  those  Oovernn.en.s  certain  resolutions  adopted  l.y  tht 

merparhanumarv   Ln.on  a.  „.  annual  conference  held  a't  St.  Louis 

n  .  ,   .  nher    ast.  advocatn,,  ,he  assen,hhn,  of  a  Second  1 W  Co„- 

UKc  to  cu„t„u,e  the  work  of  the  iMrM.  and  were  directed  to  ascer- 

......  to  what  extent  tho.e  Governna-nts  were  d.sposed  to  act  .n  the 

Tl.e  replies  so  far  received  indicate  that  the  proposition  has  been 
cceucd  wuh  general  favor.     No  dissent  has  found  express.o.        J  h^ 
.overnn.„.s  o.  Austria-Hungary.  Dcn.nark,  France,  cirn.any   G,^ 
'■nta.n    l,a]>,  Luxemburg.  Mexico,  the  Xetberlands.   Portugal    Kou- 
..an,a   Span,.  Sweden  and  Norway,  and  Switzerland  exhib.t  ^.^Z 
-  h    he  purposes  o.  the  proposal,  and  generally  accept  it  nt  liin^T 
u  .     the  reservafc.  ,„  n.ost  cases  of  future  consideration  of' the  d  tJ 
of  the  conference  and  the  progran,  of  subjects  for  discussion.     Th 
replies  of  Japan  an.l  Russia  conveyed  ,n  like  terms  a  friendly  recoe 
n,  .on  of  the  spnit  and  purposes  of  the  invitation,  but  on  the  p  r  Tf 
Russ.a    he  reply  was  accon.panied  by  the  statement  that  in  the  exist- 
n,  cond,t,on  of  th„,gs  in  the  Far  East  it  would  not  be  practicable    or 

f  e  """w  .^T"'""'  ^"  ""  """'^"^'  ^°  ^'^^  P-t  in  such  a  con- 
r  ue.  U  hde  tins  reply,  tending  as  it  does  to  cat.se  so.ne  postpone- 
n.en  o,  the  proposed  Second  Conference,  is  deeply  regretted  the 
we-ght  o  the  motive  which  induces  it  is  recognizei  by  this  S-e  n 
tnent  and.  probably,  by  others.  Japan  n.ade  the  reservatic  only  l"; 
..o  act,on  sboul,l  be  taken  by  the  conference  relative  to  the  p  e^  t  wt 
Althot,gh  .he  prospect  of  an  early  convocation  of  an  august  ass  nTwv 

among  them  ,s  deterred  for  the  time  being,  it  n,.ay  be  regarded  as  -.s 
-red  so  soon  as  the  interested  Powers  are  in  a  position  t^  gr  e  1- 
.  late  and  place  of  meeting  and  to  join  in  the  formulation  of  a  genT" 
plan   for  .hscuss.on.     The  President  is  nu.ch  gratified  at  the  cor  li  d 

Zt  o?;,:       ■•  "^^'T'-    '''  ''-''  ''^'  ■■"  ^'''^-^  ^'-  common        1 
men   of   he    ar.ous  Governn.ents  in  favor  of  the  principle  invoIve<l  and 

:iis:;d  ::?::s" '-  -''--'  ^  -^^^-^  ^^^^  ^- ^-  -^- - 

Pending  a  definite  agreement  for  meeting  when  circum.stances  sh-II 
pcrm.t,  ,t  seems  des.rable  that  a  comparison  of  views  should  bVh 
an.ong  the  participants  as  to  the  scop-  and  matter  of  the      bj    t 


XXVI  DIl'LOMATIC  COKUKSPONDICNCE 

be  brought  before  the  Second  Conference.  The  invitation  put  forth 
by  the  Governnicnt  of  the  L'nited  States  did  not  attinipt  to  do  more 
than  indicate  the  general  topics  which  the  Final  Act  of  the  I'irsl  ton- 
ference  of  The  Hague  relegated,  as  unfinished  niatters,  to  considera- 
tion by  a  future  conference — atlverting,  in  connection  with  the  im- 
portant subject  of  the  inviolability  of  i)rivate  property  in  naval  warfare, 
to  the  like  views  expressed  by  the  Congress  of  the  United  States  in 
its  resolution  adopted  April  2^,  1904,  with  the  added  suggestion  that  it 
may  be  desirable  to  consider  and  adojjt  a  proceilure  by  which  Slates 
non-sigratory  to  the  original  Acts  of  the  Hague  Conference  may  be- 
come adhering  parties,  in  the  i)resent  state  of  the  project,  this  Govern- 
ment is  still  indisposeil  to  formulate  a  program.  In  view  of  the  virtual 
certainty  that  the  President's  suggestion  of  1  he  Hague  as  the  place  of 
meeting  of  a  Second  Peace  Conference  will  be  accepted  by  all  the  in- 
terested Powers,  and  in  view  also  of  the  fact  that  an  organized  repre- 
sentation of  the  signatories  of  the  Acts  of  1899  now  exists  at  that 
cajjital,  this  Government  feels  that  it  should  not  assume  the  initiative 
in  drawing  up  a  j^rogram,  no.-  preside  over  the  deliberations  of  the 
signatories  in  that  regard.  It  seems  to  the  President  that  the  high  task- 
he  undertook  in  seeking  to  bring  about  an  agreement  of  '.'.le  Powers  to 
meet  in  a  Second  Peace  Conference  is  virtually  accompli'^hed  so  far 
as  it  is  appropriate  for  him  to  act,  and  that,  with  the  general  accei)tance 
of  his  invitation  in  principle,  the  future  conduct  of  the  aflair  may 
fitly  follow  its  normal  channels.  To  this  end  it  is  suggested  that  tiie 
further  and  necessary  interchange  of  views  between  the  signatories  of 
the  .\ots  of  1899  be  efiected  through  the  International  Rureau  under 
the  control  of  the  Permanent  .Administrative  Council  of  The  H.igue. 
It  is  iK-lieved  th;,t  in  this  way,  by  utilizing  the  central  representative 
agency  established  and  maintained  by  the  Powers  themselves,  an  or- 
derly treatment  of  the  preliminary  consultations  may  be  insured  and 
the  way  left  clear  for  the  eventual  action  of  the  Government  of  the 
Xethcrlands  in  calling  a  renewed  conference  to  assemble  at  The  Hague, 
should  that  course  be  adopted. 

You  will  brin?  this  communication  to  the  knowledge  of  the  Minister 
for  Foreign  .\tTairs  and  inv'te  consideration  of  the  sugge^tinns  herein 
ni-if'e.  I  am.  etc., 

John  H.ay. 


I'NIXT.DINf;  Till.  CON'IKKI.NCIS 
MEMOKA.Vr.nM    FROM   TUK  KCSS.AN    KMnASSV  ., ANOKD  TO  TM.  PRFSmPVT 

"■■•  Tin:  .-MT.:!,  statis,  skptemhkr  in,  i-Nr,.   ..RnrosiN.;   ^  ...(ond 
I'l  A(i:  (()Nki;ki;.\ci;  at  itik  m  acii:' 

In  vievv  of  the  t.rn.inatmn.  with  the  cordial  cooperation  of  the  I'rcM- 
cent  of  t  e  L'n.ted  State.,,  of  the  .ar  and  of  the-  conclusion  of  peace 
M..en  Kt,s.a  and  Japan.  11.  Majesty  the  Kn.peror.  as  initiator  of 
ti.c  International  IVace  Conference  of  hSW,  holds  that  a  favoral.le 
mon>ent  has  now  con.e  for  the  fnrther  develop.nent  and  for  the  sys- 
tun.m.„„.  oi  the  labors  of  ,!,at  internafonal  conference.  With  this 
uu.  n,  vuAV  and  hein^  assure.l  in  advance  of  the  syn.palhy  of  IVesi- 
Knt    Roosevelt,   who   has  already,   last  year,   pronot.nled   hin,.self   in 

proposal  to  the  el.ect  that  tne  ( ,overnn,ent  of  the  Jnited  Slates  take 
part  .n  a  new  nuernational  conference  which  could  he  called  to,ather 

o  her  States  to  u  l„ch  a  .Mnnlar  proposal  will  he  nuHle.  As  the  course  of 
.t  late  war  has  ^Mven  r>se  to  a  nutnher  of  questions  which  are  of  the 
greatest  nnportance  and  closely  related  to  the  Acts  of  the  I-'irst  Confer- 
cnce  the  plen.potentiaries  of  Russia  at  the  future  n.eetin,.  will  lav  he- 
fore  the  conference  a  detailed  projjran,  which  could  serve  as  a  siartinsr 
pouit  for  Its  deliberations.  Martnig 


MK.    Unnr,   srcKKTAin-   or  STATK,   to  TUK    lU-SS.AX    AMDVSSAnnK^ 
MCHi'llDldllDI 

1  >.;i'.\i;t\ii:.\t  uv  St.xth, 
\\'a.si!i.\,;ti)\.  October  i-  iqo^ 
On  the  i;,.l,  ,„•  1,,M  ,„u;uh.  .a  S,„.„nure  11,1!.  his  excellencv  the  \n.- 
l>.-.ssa.lor  ot  lur.sia  prcMnled  (o  the  President  a  n.en.orandun,.  !.ei„.r  ,, 
"H-ssa^e  ■rom  lli>  M.josty  the  Tsar  to  ,hc  i'resi.lent.  to  the  elTec,  that 
■"  v,eu-  ot  the  ternnnation.  with  the  cordial  cooperation  of  tlu'  I'rcM- 
•lem.  ot  the  war.  and  of  the  conclusion  of  peace  between   Ru^.a  and 

JvT'  '"''r;'',^'^'J'^'>-  ^"  "'''*^'"''-  "'     ''^   I.uer„a,i<,„al    i  Vace 

on  erence  oM899,  deen.s  the  present  a  favorable  n,on,en.  for  further 
clevelopni,.  an.l  .systenKUizin^:  the  labors  of  that  conference,  and  that 
to  th,s  end.  upon  beins,  assured  in  advance  of  the  svn.pathv  of  ,he 
PrcsK  ent.  who  last  year  pronrunce.l  himself  in  favor  of  su.h  a'  |,roject 
H^Majesty  desires  to  approach  the  President  with  a  proposal  to  the 

'/;''7''""  '^'i^''"'"  "f  "''■  '■'">''<i  ■'^''"■•■'.  l'W5,  p   m 
-Ibid.,  p,  829.  ' 


m 


s^ 


m 


XXVIII 


lill'l.i  iMAlIC  (  '  'KKKM'ONDINiT. 


ctl'crt  lliat  llic  ( iiiwniiiKiil  of  iln-  Iniliil  Slati>  laki'  |>.irt  in  a  tn.vv 
inlcrtiatiiinal  iniiUTiiuc.  wlilrli  lotilil  hi-  ullcil  1iii;cI1kt  at  I  lie  liable 
a-,  ^(iim  a>  la\(ir.ilili-  ripli's  iiia\  lie  ol>laiiU(l  I'lnm  all  the  ollur  ^laH-i 
lit  wliiili  a  >i!iii!ai'  |irii|;ci>al  i^  to  Ik  inadi . 

I'Ih-  Si'crctar)'  <ii  Slatr.  li\  ilirntiiiii  oi'  the  l'^^■^i(ll^t,  lia^  iln>  iKiinir 
tn  I'Diil'mii  til  Ins  i-xii'llfiic-y  thr  Aniliassailnr  of  Un>si;i  ijic  a-NinaiK'cs 
wliicli  till'  I'rtsiikin  liail  tlii'  sinicrc  pkastirc  tu  j;ivi-  to  liis  iMxIiiniv 
at  till'  linn-  ot'  the  |ircsinlati(in  of  tlii'  nii'tnoraniliiin  of  Si|itinilnr  l.v 
Mil'  I'ic-iikiit's  lirrnlais  to  tiu-  |iou(i-,  pnrtio  to  the  ail-,  of  IIr' 
llai^iu'  (  onfin  iu-i\  whii-ti  tin-  lato  ><'critaiv  of  State  i-oiniminieatcil 
to  tiic  sivtral  -i;;nator\  elates  thioii;,'li  the  Aineriean  envoys  aecriijite.l 
iheii'lo,  ilati'il.  res|ieetively.  <  )eloliei-  21  ami  1  )eeeiiilier  !(>  of  last  \ear. 
ha\e  ilemonstiateil  the  1 'lesiijent's  keen  liesiie  that  ii|ion  a  favorahle 
oieasion  the  lahors  of  the  I'list  International  I'eace  C  (infereiU'e  mi'/'it 
he  sn]i|ilenieinec|  ami  eonipUteil  li\  a.n  ,K-conl  to  he  reaeheil  li\  a  seeoml 
eonlerence  ol  the  |io«er-.  I  lu-  snL;m-iioii  sd  |nu  fniih  liaviiii;  heen 
aeeepteil  in  lunuiiple  hy  the  si';natories,  it  only  remained  for  the  opjior- 
tiine  nionieiit  to  eoine  for  tli'.-  |  iiueis  to  ai;ree  upon  the  plaee  ami  tnne 
for  their  reneweil  a-~enihlaL;e  in  oiiler  to  |Hifeet  the  heiielieial  a^ric- 
nients  of  the  lirst  conferenee. 

The  President  most  ^dadly  weleomes  the  oiler  of  His  Imperial 
Majesty  to  aijaiii  take  npon  himself  the  initiation  of  the  steps  rei|iiisite 
toeon\ine  a  Sei'ond  International  I'eaie  C'oiifcreiu-e.  as  the  neeessarv 
sei|nenee  to  the  lirsT  coil  fereliee,  lirollj^ht  aholit  thron^li  His  Majesty's 
ehorts,  and  in  \ie\v  of  the  lordial  responses  to  tlii'  TresidentV  sni;;,'es- 
tion  of  ()eliilier.  l'>04,  he  doulits  not  that  the  projeet  will  meet  with 
eoniplUe  aeeeptation  and  that  the  leMiIt  will  he  to  lirin;;  the  nations  of 
the  earth  still  more  elosely  toi;ethiT  in  their  eoinnion  endeaxor  to 
advance  tin-  ends  of  peace. 

As  res])ects  the  Mirther  statement  of  his  excellencv'.s  niecorandiim 
of  September  l,i.  that,  as  the  late  war  has  i^iven  rise  to  a  mi.Mlier  of 
iinestions  which  are  of  the  j^reatcst  importance  and  closelv  related  to 
the  acts  of  the  lirst  cimfereiice,  the  plenijiotentiarics  of  Rii-sia.  at  the 
tntnre  meetmi,'.  will  lay  hefore  the  conference  a  detailed  pro,i;ramine 
which  conld  ser\e  as  a  starlin<j  point  for  its  di  lilierations,  the  Presi- 
dent tinds  it  in  consonance  with  the  indications  of  his  circular  of  (  )c- 
tohcr  21.  I'XM,  totichini,'  the  ([nesiions  to  come  hefore  a  second  con- 
fercm-e  lor  discussion,  and  the  importance  of  completing  the  work 
of  the  hrst  conference  hy  ample  e\clian.i;e  of  views  and,  it  is  to  be 
ho|)eil,  full  concord  upon  the  broad  (|itestions  sjiecilicallv  rele.i^'ated  bv 
the  final  act  of  The  H.isue  to  the  consideration  of  a  future  conference. 


l'l<KCKl)l.\(,  Till.  COM  I.NKNCKS  ^^.^ 

Tin;   KISS.AN    AM„ASSAU,K   T„  T„K  SM.K.MO    u,-    STATK    .•Kn,uMN,.    rMK 
I'KIH.RAM   ol    Till,  .M.(UM)  ,,,M  |,k|,.v,,  I 

Imii  i;iAi.  I;miiass\  ui    Kr»i  \. 
\\  A.siii.\(,i().\,  .//'r,/  J  J    /y„rt. 

Mi<.    SI.K...AUS    OK   SlAU-   :     UlK,,    „    ;„..„„,,,   „,^,   „„„^^„^^,  ,,^   ^.^^,,__^,, 

.-.  .Nv.,n,l  I  cao.  (  .mur.ncc,  ll.c  l,n,H„al  ( .uv.,„„K.„t  luul  ,„  v.u  ihr 
---.V  o.   nirilar  .Icvdupi,,,  ,h.  lunnanuanan  pnncpK.  ..,.  .,,„,. 

^^;:;';:r;K.ii^  ^^'  -.,„„.,.„., ,,, ,,. ,,,,  ,„,,,,,„ ^.,  ^ ,„ 

At  the  suuc  ,inu.,  ,t  .kvn.nl  i,  .x,..,liau  ,o  o„lar«e  a>  nnuh  a.  ,,os- 
Ml,k  he  nuiK.r  or  N.aus  partic,,,a„n«  i„  .i,,  lahors  of  tho  con.',,. 
Pl.'tc.l  cunf.rau-c..  a,ul  ,hc-  alaai.y  with  whid,  ,hc  call  was  ai.swcrni 
hcj.^   w„n.ss   ,o   „K.  .lc,.,h  an.I  l.r.a.l.h  of   ,h.  present  sen.unent  of 

mankC.  ''  "  "''"'"""  ''  '''""  """"«  ^"  "^  «-"'  "f  '•" 
TlH^  I'irs,  Conference  separated  in  the  linn  helief  tha,  „s  lahors 
->"1.  s  .hse,,u,  ntl>  !,e  per...cte.I  fnnn  .he  elTect  of  the  regular  pro.^ess 
o.  enl,.h,n,ent  anion,,  the  nations  and  ahreas,  of  ,1,.  re,,l.s  .icu^red 
froin  experience,  hs  most  important  creation,  .he  International  Court 
ot  Aihitration  ,s  an  inst.tut.on  that  has  airea.lv  proved  its  wo^th  and 
hron.ht  together.  ,or  the  ,ood  of  all.  an  areopa,„s  of  jurist 
;;--nd  the  respect  of  the  world.  How  much  ,ood  coui/l  he  acc;;m- 
.  .sled  l.y  nuernational  conmussions  of  in,,uiry  toward  the  settlen.ent 
of  .hsputes  hetween  States  has  also  heen  shown 

Ihere  are,  however,  certain  imj.rovements  to  he  n,a,!e  in  the  Con- 
vention relative  to  the  pacitic  settlement  of  international  disputes      Im.I- 
lowm,  recent  arhitra.ions.  the  jurists  assemhle.i  in  court  have  raise  1 
ta.n  questions  of  details  which  should  he  acted  upon  hv  a.ldi.  Mo 
he  said      onven.ion  ,he  necessarv  an.plifications.     h  would  seenre^^ 
pccially  desirahle  to  lay  down  fixe.l  principles  in  regard  to  the  u  e  of 
an.ua,es  ,n  the  procee.iin.s  in  view  of  the  difficulties  that  mav  aris.  ,„ 
the  future  as  the  cases  referred  to  arhitral  jurisdiction  nuihipK 
nnvius  operand,  ot  international  commissions  of  in,|uirv  would  h! 
be  open  to  improvement. 

As  regards  the  re^ula.injj  of  the  laws  and  customs  of  war  „„  land 
the  provisions  established  by  the  First  Conference  ou.ht  als„  ,o  h 
cninpleted  and  .lehne.l.  so  as  to  remove  all  misapprehensions. 

'Forn.m  r.-h,li„„s  ,■/  Ih,-  r,ul,d  St.Urs.  I'XV,.  vol.  i 


I  Me 
■wise 


ii.  p.   U>2'). 


■■^m 


!|S 


-V   4«»' 


KXX 


mri.oM ATir  tOKKKSPoXUI  NiK 


As  for  iiiarilinu'  w.iri.in-.  in  regard  to  wliuli  the  laws  aiul  custcim* 
of  the  sivtial  ic)imtiii>  ilitTcr  on  icrtaiii  |«)iiiis,  it  f,  iK\is>ary  to  is- 
lahli^h  liMil  inks  in  kapiiij;  with  thi-  fxi^;tinii's  of  tin-  rights  of  l)cl- 
li),'irt'nts  ami  tla-  intircsts  of  in  iitrals. 

A  convention  liiaiiti);  on  thcso  Mil.jtcis  sliouM  l.o  fraim-il  and  wotild 
loiixiiiulc  oMf  of  the  most  iironiimiit  iMrts  of  tlic  tasks  devolved  upon 
till    fortlu-oiiijiiiT  conference. 

HoMint;,  therefore,  ihal  tliere  is  at  |iresitit  occasion  oiilv  to  examine 
i|iie>tion^  that  ilem.md  ^|ieci.il  atteiilioii  .is  heinij;  the  oiilcome  i  '  the 
e\|ieri(iice  of  recint  years,  witliont  loiuhini;  upon  those  tha  jjht 
li.ive  reference  to  the  linnl.ilion  of  milil.iry  or  na\.d  forces,  the  Im- 
peri.d  (;(.\ermiient  |iniposi->  for  the  prot,'r,iiii  of  tiie  coiiteiiipl.ited  mecl- 
inp;  the  follouin;,'  m.iin  |)oints: 

1.  Improvements  to  lie  made  in  the  jirovi-ioiis  of  the  Conven- 
tion relative  to  the  iiacilic  setlknunt  of  international  disputes  as 
nijards  the  Court  of  Arhitr.itioii  and  the  international  commissions 
of  in(|uirv. 

2.  .\dditions  to  he  made  to  the  provisions  of  the  Convention  of 
IS'K)  relative  to  the  laws  and  customs  of  war  on  land— .imon;; 
others,  those  conci  rnini,'  the  openini;  of  hostilities,  the  rif^hts  of 
neutrals  on  land,  etc.  J  )eclar;itioii>  f  18W:  one  of  these  having 
expireil.  (|ucstion  of  its  heinj,'  reviv     i. 

.V  Framini;  of  a  convention  relative  to  the  laws  and  customs  of 
ni..ritinie  warfare,  concerning,' — 

I  he  speci.il  operations  of  maritime  'varfare,  such  ns  the  hom- 
hardment  of  j.  irts,  eities,  and  villages  hy  a  naval  for-  ;  •'  l,^y. 
ing  of  torpedoes,  etc.  ; 

'I  he  tr.insformation  of  merchant  vessels  into  war-shi[)s ; 

The  jiriv.-itc  property  of  helligerents  at  sea: 

The  leni'ih  of  time  t.)  he  granted  to  merchant  ships  for  their 
departure  from  ports  of  neutrals  or  of  the  encmv  after  the  oiicning 
of  hostilities  ; 

1  he  rights  and  duties  of  neutr.als  at  sea,  aiiiont,'  others,  the  (]Ues- 
tions  of  contrahand.  the  rulc^  apiilicable  to  hellig.'reiit  vessels  in 
neutral  ports;  de-lruction.  in  case  of  f/j  major,  of  neutral  rncr- 
ch;mt  vessels  captured  as  prizes  ; 

In  the  said  crmvention  to  he  drafted,  there  would  he  introduced 
the  iiroviVions  relative  to  war  on  land  th.it  would  he  also  ajiplicahle 
to  maritime  warfare. 

4.  Additions  to  he  made  to  the  (  onvention  of  1899  for  the  adap- 
tation to  maritime  warfare  of  the  princiiiles  of  the  Geneva  Con- 
vention of  1864. 


PIM^:  SStfe^kMlP^M^ 


I'KMIDIN.;   Till     .OMIKIA,  is  ^,^, 

As  w.>  tl„.  caso  at  (l.r  (  ...iVniuT  ul   IH*/),  i,  w.u.M  l„-  wril  ,„„l..r- 

.U.O.  ,K,,„H..u.m,..n.„.,n  .Ml,... -„,,,.,..,,.„..„„,„„„,:,;:, 

.  lMlu.,,o,K.,,u.U -..nlu.....,alS,„u..or>Iu..on,l,.,o„ 

of  tImKs  ..s,,,l,l,.lH-,|  l,y  ,nal..-,  ,„  ,„  ,.„n.,l  vu,h  ,„..,„.„„  ,ha,  ,1„| 
no    .l-rcc.y  com.  ual.M,  ,lu-  i,ru,,a,M  a.l..p...!  l,y  .lu-  s.vcn.l  .al.„u.,.s, 

llu  ln,,KT,al  „un>n„n,t  d.Mr.s  .li,.„K-tly  to  Mat.  tl,at  tl.c  .lata  uf 
t  '.s  ,.roKra,n  an.l  ,1,..  .v.n.ual  .mp.a.u.  of  tl,o  ..vual  sta,.,  .  I.arly 

rc-K.ml  to  ,!,.  m,Ivm,«  of  ,1,.  ,,ucM,n„s  l„-ou«l,t  u,.  for  .lisc. „       h 

;;'";'  '''^■"•■^"  '''■  ■";  '"^'  -"-"I'la.. ..t,,,,-  to  ,icn,k.  as  to  tia-  order 

so  u  of  tluM,  ,„  ,u  u  o,nu.„t,o„.  or  to  a,,,,.„,|  th.,,.,  as  a.l.lition,.  ,o 
lOiivciilioiis  already  e,\i>tii,{r 

I"  f..r„u,la„„u  .Ik.  .U..r-nuuru,n.d  pro^ra,,,.  the  I,„,.erial  ( iovern- 
e„,  ho,.  ,„  ,„,n,l.  as  far  as  po.^ible.  „,  recon,n,e„,latio„s  nuale  l,v 

f  HU.als  the  ,, mate  property  of  belligerents  at  sea.  the  l.o.nhar.l- 
MK  t  o  port.  e,.u.  e,e  I,  .,„.,,an.  the  hope  that  the  .  iover„n,e,n 
ot  the  I  „„.,!  Mate.  „,11  take  the  whole  of  the  points  proposed  as  tbe 

JUS  u.   that  ,s  the  permanent  ,oal  of  the  whole  civilized  world 

the  fo^*^-        "  •,  ^'"^•^■':"'"^"''  '  ^'--^  ""■  ''""'"■  to  ac,ua,„t  vou  w,th 
the  forego  „,..  and  awa.tn,,^  the  reply  of  the  ( iovennnent  of  the  L-n,te.l 

S:;:';r%''*'V''''''-^''''^^'''''-''-'^'''-'^-'>^^^^^^^^^^^^ 


Res 


E\. 


NKTi.rKLANn  (vv.TATtoN  To  Titr  st^covn  nAC,T.  covFr.f^xn:' 

RovAi.  Lkhation  ok  Tin:  N'rTiiPKr.AM.s 

WASiiiNfrroN-.  D.  C,  April  ,n.  yyo;, 
Mk.  SpcRrTAKV  op  Statk:    I  have  the  honor  ,o  l,ri„,  to  vo„,-  F, 
cllency  .   knouledcre   that,   according  to  a  commnnication  I  have  ins 
ece,vcd  from  the  Mn,ister  of  Foreign  AtTairs,  ,i„.  n,ce,in.  of  the  Peac 
Werence  at  1  he  Ha,.,e  has  been  tlxed  for  the  15,h  of  [nne  nev" 

'/■Vr,-w»   rcl<u,.<ns  of   //„•   Cutcd  ShU.s.   l'H)7.   ,,     I !(,(,. 


■i"  <r 


^f^'  f  !:W:-- . :  m^E^^i  v^^^:- 


\xxii  DlPl.iiM Al  IC  CC)KKi:si'ij\Di;.\ri 

1  am  at  the  same  time  instructed  by  the  (Government  of  the  Queen  to 
invite  the  Government  of  the  United  S'ates  to  he  jikased  to  send  dele- 
gates thereto. 

Hereby  carryir.g  out  my  orders,  I  embrace  this  ojiportunity  to  renew 
to  you,  Mr.  Secretary,  the  assurances  of  my  lii^diest  consideration. 

V.\N   SWI.NDKKKN. 


PROTOCOL  k)x;.\i;L)1N(.;  .xdiik.sio.ns  to  tiik    iw.t     convi;ntion   iok  the 
I'.xcii'u-  si.rri.i;.\ii;N  r  nv  i.ntkk.na  ikin.xl  iu.sI'L  rus' 

i  lie  i'owers  which  have  ratil'ied  the  Convention  lor  the  pacific  .^ettie- 
nienl  of  international  disimtcs,  signed  at  The  Hague  on  July  29,  1899, 
desiring  to  enable  the  States  that  were  not  represented  at  the  hirst 
Peace  Conference  and  were  invited  to  the  Second  to  atlhere  to  the 
aforesaid  Convention,  the  undersigned  delegates  or  tliplomatic  repre- 
sentatives of  the  above-mentioned  Powi  rs.  viz. : 

tierniany.  Austria-Hungary.  Uelgium.  Bulgaria,  China,  Denmark. 
Spain,  the  United  States  of  America,  the  United  States  of  Mexico, 
I'^rance,  (ireat  Britain,  Greece,  Italy,  japan,  Luxemburg,  Montenegro, 
-Norway,  the  Xetherlaiids.  Persia,  Portugal,  Roumania,  Russia,  Servia, 
Si.iin,  Sweder,  SwitziTland.  and  Turkey,  duly  authori/.eil  to  that  ettect, 
liave  agreed  th;it  there  shall  be  opened  by  the  Miiiislir  of  l-'oreign  .\f- 
fairs  of  the  Xetherlands.  ;i  (^rcccs-i'crbal  of  adhe-ions.  that  shall  serve 
to  receive  and  record  the  s;ii(l  adhesions,  which  shall  immediaicly  go 
into  elTect.  In  witnc-s  whereof  the  ]iresent  [irotocol  was  drawn  u|),  in 
a  single  copy,  which  shall  rem.ain  in  dejiosit  in  the  archives  of  t'"'  Min- 
istry of  Foreign  .\ft;iir>  of  the  Xetherlands  and  of  which  an  au;lienti- 
cati'd  cojiy  shall  be  tr;msmitted  to  each  one  of  the  sign.itory  TVniers. 

Done  at  The  H.igue.  June  14.  1907. 

[Here  follow  signatures.! 


I'UncI  S-\I:K11.\T.   dl'     \lilll  S|.  .N- 

There  was  -signed   in  this  city  on  June   14.   19()7,  a   protocol  estab- 
li-^bing.  in  respect  to  the  Powers  uiire])resente<l  :i  the  iMrst  1'eace  Con- 

'Mnrfrti'^.   .Vr'icv.TH    Krninl  (,','ii, ■»•.>/  Hr    Traitrs.  .iil   ^crii--.   vol.   ii.  p.  4.     See 
f''.<!  \i   7<).  .Anii-li'  Ml. 

-\!;{rt'!i^.  .<<1  -rrir-.   vol.  ii,  ji,  (j. 


^^^hi/j. 


■ii^ 


'^^^-^^i'^l--',:j§S;' 


^^■:.^J:.":'viJvr.Sr 


rRI-(Kf)l\(;  TlIK   COW-EUl-SCKS  ^xxiii 

fomux-  whid,  have  I.cc.  invited  ,o  .hc  Seen,!,  .he  ,no,le  of  adhesion 
to  the  (  .,men,,ou  .or  .he  ,,eaeef„l  settle,„e„.  of  nUen,a>ion:,l  disputes 

Pursttant  to  ■  :.     :nd  ,,-....  .,    ..,J  u,.dersij;ned.  M.nister  of  Foreign 
.    fTa.rs     or  He     M:,.,,    „.,:.,,,„  „f  „,,  Xetheria.tds.  on  this  d^^ 

^"".or    '.rH    "     '"V'"'       "'''"'"'  '"  '•^^^'^■^  -^1  furthermore 
o  ,.co  d.  as  th...    ,    a    '.■    presented,  .he  adhesions  of  ,he  aforesaid 
t  onven.ion. 

I)r>ne  at  The  lla^ue,  on   |„ne  15.  1907.  in  a  single  co,,v,  which  shall 
nma,n  ,„  ,K,,os,t  ,n  the  archi.-s  of  the  Ministry  of  Foreign  A.iairs  of 
he  N   therl.ands   and  o.  whieh  a  dniy  certi.k-d  copy  shall  I,e  transntitted 
to  each  0.  the  signatory  Powers. 

\"a.n  'I'kts  v/x  GoforiAAx 

.W.«/rv/v  ,;,//„■;.,■,/.  Argentine.  Rcpnhlic,  Hra.ti,  Hohvia  Chile 
<o!on.h,a.  („I,a.  Cnaten.ala.  Hani.  Xicaragna,  Fanatna,  Fara-^uav' 
Fcuador    '"""""     "'''"''''"•     ^'^-^^-^^^-     ^-rngt-ay.     Salvador  ^n;J 


!r^^-jmm^.  mm'iy'-mm^-' 


=^.'rc^^i 


^m.^i?«i;        .m«PW:^t^S^?»-'^»S^»m  ^ 


THE   FINAL  ACTS  OF  THE  FIRST  AND    SECOND  HAGUE   PEACE 

CONFERENCES,  TOGETHER  WITH  THE  DRAFT  CONVENTION 

ON  A  JUDICIAL  ARBITRATION  COURT 


1899 
Final  Act  of   the   International 
leace    Conference.— Signed    at 
I  he  Hague,  July  29,  1899. 

The  International  Peace  Con- 
ference, convoked  in  the  best  in- 
terests of  humanity  by  His  .Majes- 
ty the  Emperor  of  All  the  Russias, 
assembled,  on  the  invitation  of  the 
Government  of  Her  Majesty  the 
Queen  of  the  Netherlands,  in  the 
Royal  House  in  the  Wood  at  The 
Hague  on  the  18th  May,  1899. 


The  Powers  enumerated  in  the 
following  list  took  ])art  in  the  Con- 
ference, to  which  they  ajjpointed 
the  delegates  named  below : 
For  Germany : 
His  Excellency  Count  de  Miin- 
ster,  German  Ambassador  at 
Paris,     delegate     plenipoten- 
tinry ; 
The  Baron  de  Stengel,  profes- 
sor at  the  University  of  Mu- 
nich, second  delegate; 


1907 

Final  Act  of  the  Se  ond  Inter- 
national   Peac      Conference  — 

?8^'l907'  '^^'^  ^"*^"''  ^'"''^^'' 

1  he  Second  International  Peace   Convocat,,  „. 
Conference,  proposed  in  the  first 
instance  by  the  President  of  the 
United  States  of  America,  having 
been  convoked,  oi.  the  invitation 
of  His  Majesty  the  Empemr  of 
All  the  Russias,  by  Her  Mr      y 
the  Queen  of  the  Netherlands  as- 
sembled on  the  15th  June,  1907, 
at  The  Hague,  in  the  Hall  of  the' 
Knights,  for  the  purpose  of  .  iving 
a    fresh   development  to   Mie  hu- 
manitarian      principles       which 
served  as  a  basis  for  the  work  of 
the  First  Conference  of  1899. 

The  following  Powers  took  part   ""^''satcs. 
■n  the  Conference,  and  appointed 
the  delegates  named  below; 


Germany : 
His  Excellency  Raron  Mar- 
schall  de  Bieberstein,  Minis- 
ter of  State,  Imperial  Ambas- 
sador at  Constantinople,  first 
delegate  plenipotentiary  ; 
Mr.  Kriege  Imperial  Envoy  on 
Extraordinar\'  Mission  at  the 


Germany. 


■i«p«3rc.-'»r»n*  «WW''^3M«h«K  ■ 


rfvrT.Tj  J, 


tiammtaaim 


mlt^^  ^^^:'-^:^' 


THE  FINAL  ACTS  OF  1899  AND  19()7 


1899 

Dr.  Zorn,  Judicial  Privy  Coun- 
cilor, professor  at  the  Uni- 
versity of  Konigsberg,  scien- 
tific delegate ; 

Colonel  de  Gross  de  Schwarz- 
hoff,  Commandant  of  the  5th 
Regiment  of  Infantry,  No. 
94,  technical  delegate ; 

Captain  Siegel,  Naval  Attache 
to  the  Imperial  F-mbassy  at 
Paris,  technical  delegate. 


1907 

present  Conference,  Privy 
Councilor  of  Legation  and 
Legal  Adviser  to  the  Minis- 
try for  Foreign  Atfairs,  mem- 
ber of  the  Permanent  Court 
of  Arbitration,  second  dele- 
gate i)lenipotentiary  ; 

Rear-.\dnn'-.il  Siegel,  Naval  At- 
tache to  the  hiiperial  Embas- 
sy  at   Paris,  naval   delegate; 

Major  General  de  Giindell, 
Quartermaster  General  of 
the  General  Staff  of  the 
Royal  Prussian  Army,  mili- 
tary delegate ; 

Mr.  Zorn,  professor  to  the  Fac- 
ulty of  Law  at  the  University 
of  Bonn,  Judicial  Privy 
Councilor,  member  of  the 
Prussian  Upper  Chamber, 
and  Crown  Syndic,  scientific 
delegate ; 

Mr.  Gcippert,  Counselor  of  Le- 
gation and  Counselor  attached 
to  the  Department  for  For- 
eign Affairs,  assistant  dele- 
gate ; 

Mr.       Retzmann,       Lieutenant 
Commander    on    the    Naval 
General  Staff,  assistant  naval 
delegate. 
The  United  States  of  America : 

His  'Excellency  Mr.  Joseph  H. 
Choate,     ex-.\mbassador     at 
London,     .Ambassador     Ex- 
traordinary, delegate  plenipo- 
tcntiary ; 

'The  order  of  tlie  coiinlries  in  the  oripinal  of  the  1899  Final  ■^rt  has  heen 
licre  departed  from  in  a  few  instances  (Fnitod  States,  Mexico  and  BiilKaria) 
for  the  purpose  of  presertinp  each  countr\  s  respective  delegations  to  the  1899 
and  l'*07  Cnnferencts  in  juxtaposition. 


rn,i-d  States.       For  the  United  States  of  .America  :' 
His  I'.xcellenry  Mr.  Andrew  D. 
White,  United  States  Ambas- 
sador at  Bc-lin.  delegate  plen- 
ipotentiary ; 


*» 


''^v^.MiM:i£:Mk€  4ii 


■m 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 
The  Honorable  Seth  Low.  pres- 
ident of  the  Colombia   Uni- 
versity at  Xew  York,  delegate 
plenipotentiary ; 
Mr.    Stanford    Xewel,    Envoy 
Extraordinary   and    Minister 
Plenipotentiary       at       The 
Hague,   delegate   plenij)oten- 
tiary ; 
Captain  Alfred  T.  Mahan,  Uni- 
ted    States     Xavy,    delegate 
plenipotentiary ; 
Mr.    William   Crozier,   Cajitain 
of  Artillery,  delegate  ijlenipo- 
tentiary ; 
Mr.  Frederick  \\'.  Holls.  advo- 
cate at   New  York,   delegate 
and  secretary  to  the  delega- 
tion. 


1907 
His  Excellency  Mr.  Horace 
Porter,  ex-Ambassador  at 
Paris,  Ambassador  Extraor- 
dinary, delegate  plenipoten- 
tiary ; 

His  Excellency  xMr.  Uriah  M. 
Kose,  Ambassador  Extraor- 
dinary, delegate  plenij)oten- 
tiary  ; 

His      Excellency      Air.      David 
Jayne  Hill,  ex-Assistant  Sec- 
retary of   State,   Envoy   Ex- 
traordinary     and      Minister 
I'lenipotentiaryat The  Hague, 
delegate  plenipotentiary ; 
Rear-Admiral  Charles  S.  Sper- 
ry,  ex-president  of  the  Naval 
War  College,  .Minister  Pleni- 
potentiary,  delegate   plenipo- 
tentiary ; 
Brigadier    General    George    B. 
Davis,  Judge  Advocate  Gen- 
eral   of    the    United    States 
Army,    Minister   Plenii^ten- 
tiary,     delegate     i)lenipoten- 
tiary ; 
^fr.   William  I.   Buchanan,  ex- 
Minister    at    Buenos    Aires, 
e;.-Minister  at  Panama.  Min- 
ister Plenipotentiary,  delegate 
plenipotentiary ; 
Mr.  fames  Brown  Scott,  Solici- 
tor   for   the    Department   of 
State,  technical  delegate: 
I^Tr.  Charles  Henry  Ruiler,  Re- 
porter of  the  Supreme  Court, 
technical  delegate. 


iS^iSrU 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 


Argentine 

Republic. 


Austria- 
Hungary. 


For  Austria-Hungary : 

Plis  Excellency  Count  R.  Wcl- 
sersheinib,  Ambassador  Ex- 
traordinary and  Plenipoten- 
tiary, first  delegate,  plenipo- 
tiary : 

Mr.  Ale.xandre  Okolii'sanyi 
d'Okolicsna,  Envoy  Extraor- 
dinary and  Minister  Plenipo- 
tentiary at  The  Hague,  sec- 


1907 
The  Argentine  Republic : 

His  Excellency  Mr.  Roque 
Saenz  Pefia,  ex-Minister  for 
Foreign  Affairs,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  Rome, 
member  of  the  Permanent 
Court  of  Arbitration,  delegate 
pleni])otentiary ; 

His  Excellency  Mr.  Luis  M. 
Drago,  ex-Ministcr  for  For- 
eign Affairs,  deputy  member 
of  the  Permanent  Court  of 
Arbitration,  delegate  plenipo- 
tentiary : 

His  Excellency  Mr.  Carlos 
Rodriguez  Larreta,  ex-Minis- 
ter for  Foreign  Affairs, 
member  of  the  Permanent 
Court  of  Arbitrption,  dele- 
gate plenipotentiary ; 

General  Francisco  Reynolds, 
Military  Attache  at  Berlin, 
technical  delegate ; 

Captain   Juan    A.    Martin,   ex- 
Minister    of    Marine,    Naval 
Attache  at  London,  technical 
delegate. 
Austria-Hungary : 

His  Excellency  Mr.  Gaetan 
Merey  de  Kapos-Merc,  Privy- 
Councilor  of  His  Imperial 
and  Royal  Apostolic  Majesty, 
Ambassador  Extraordinary 
and  Plenipotentiary,  first  del- 
egate plenipotLitiary ; 

His  Excellency  Baron  Giarles 
de  Macchio,  Envoy  Extraor- 


-^i^i 


m^ 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 
ond  delegate,  plenipotentiary ; 
Mr.   Gaetan  Merey  de  Kapos- 
Mtre.  Counselor  of  Embassy 
and  Chief  of  Cabinet  of  the 
Minister  for  Foreign  Affairs, 
assis  ..U  delegate; 
Mr.   Henri  Latnmascii,  profes- 
sor at  the  University  of  Vi- 
enna, assistant  delegate; 
Mr.    Victor    de    Khuepach    zu 
Ried,  Zimmerlehen  and  Hasl- 
hurg,  Lieutenant  Colonel  on 
the    General    Staff,   assistant 
delegate ; 
Count  Stanislas  Soltyk,  Captain 
of    Corvette,    assistant    dele- 
gate. 


For  Belgium: 
His    I-.xccilency    Mr.    Auguste 
Beernaert.  Minister  of  .State. 
President  of  the  Chamber  of 
Representatives,  delegate 

plenipotentiary; 


1907 

dinary    and    Minister    Pleni- 
potentiary at  Athens,  second 
delegate  plenipotentiary ; 
Mr.   Henri  Lammasch,  profes- 
sor at  the  Univer.,ity  of  Vi- 
enna, Aulic  Councilor,  mem- 
ber  of   the   Austrian    Upper 
Chamber  of  the  Reichsrath, 
member    of    the    Permanent 
Court  of  Arbitration,   scien- 
tific delegate ; 
-Mr.    Antoine   Haus,    Kear-Ad- 

"iiral,  naval  delegate  • 
I^aron      W  ladimir,      Giesl      de 
O'cslmgen,    Major    General, 
Military     Plenipotentiary    at 
the  Imi)erial  and  Royal  Em- 
bassy  at  Constantinople  and 
at    the    Imperial    and    Royal 
Legation  at  Athens,  military 
delegate : 
The  Chevalier  Qthon  de  Weil, 
Aulic  and  Ministerial  Coun- 
cilor at  the  Ministry  of  the 
Iniperial   and   Roval   House- 
hold and  of  Foreign  Affairs, 
f'elegate ; 
■'■^■-  Jules  Szilassy  de  Szilas  et 
Pilis,  Counselor  of  Legation, 
delegate ; 
Mr.^  Emile  Konck  de  Norwall, 
Naval  Lieutenant  of  the  First 
Class,  delegate  attached. 
Belgium : 

His  Excellency  Mr.  A.  Beer- 
naert, Minister  of  State, 
member  of  the  Chamber  of 
Representatives,  member  of 
tlie  Institute  of  IVance  and 


ilelgium. 


rnntf -Jr^n'TiEiif iffWQOigTnTMIWWMi  f^WHl"!'-  iVT  SSSK 


N»E  JSVnt 


't.<i5^Lll 


•^:isu:4iKa*i^ 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 

Tlic  Count  <lc  (irclle  Rogier, 
r.nvoy  IvMraordinary  and 
Minister  rienipotentiary  at 
Tilt'  }la),'ue,  dcle{jatc  plenipo- 
tentiary ; 

The  Chevalier  Descamps,  Sena- 
tor,  delegate  plenijiotentiary. 


1907 
of  the  Royal  Academies  of 
Belgium  and  Roumania,  hon- 
orary member  of  the  Insti- 
tute of  International  Law, 
member  of  the  Permanent 
Court  of  Arbitration,  dele- 
gate plenipotentiary ; 

His  ICxcellency  Mr.  J.  van  den 
Heuvel,  Minister  of  State, 
ex-Minister  of  Justice,  dele- 
gate plenipotentiary ; 

His  Kxcellency  Baron  Guil- 
launK',  Envoy  I'^xtraordinary 
and  Minister  Plenipotentiary 
at  The  Hague,  member  of  the 
Royal  Academy  of  Rouma- 
nia, delegate  plenipotentiary. 
Bolivia : 

His  E.\cellency  Mr.  Claudio 
Pinilla,  Minister  for  Foreign 
Affairs,  member  of  the  Per- 
manent Court  of  Arbitration, 
delegate  plenipotentiary ; 

His   Excellency   Mr.   Fernando 
E.  Guachalla,  Minister  Pleni- 
potentiary  at    London,   dele- 
gate plenipotentiary. 
Brazil: 

His  Excellency  Mr.  Ruy  Bar- 
bosa,  Ambassador  Extraor- 
dinary anil  Plenipotentiary, 
Vice-President  of  the  Senate, 
member  of  the  Permanent 
Court  of  Arbitration,  dele- 
gate plenipotentiary  ; 

His  Excellency  Mr.  Eduardo  F. 
S.  dos  Santos  Lisboa.  Envoy 
Extraordinary   and    Minister 


^5>*^ 


THE  MXAL  ACTS  OF  1899  ANT)  m? 


1899 


I'or  Hiilgaria;' 
Ur.  Diniitri  I.  Stancioff,  Diplo- 
matic Agent  at  St.  Peters- 
Imrg.  first  dokfrate,  plenipo- 
tentiary ; 
-^lajor  Cliristo  I  le.ssaptchieff, 
Military  Attaelie  at  Belgrade, 
second  delegate,  pleni{)oten- 
tiary. 


1907 

I'lcnipoteniiaryatl'lie  Hague, 
delegate  plenipotentiary ; 
Colonel    Roberto    Trompovvsky 
Leitau  de  Almeida,   Military 
Attache  at  Ihe  Hague,  tech- 
nical delegate ; 
Commander    Tancredo    Burla- 
maqui    de    Moura,    technical 
delegate. 
Bulgaria : 

•Major    General    on    the    Staff 
\'rban  \inarofT,  General  ,i  la 
suiU'.    r.rst    delegate   plcnij.o- 
tentiary  ; 
-Mr.    Ivan   Karandjouloff,   Pro- 
cureur-General  of  the  Court 
of  'Cassation,  second  delegate 
pl<  niiiotentiary ; 
Conitnander  S.  DiniitrietT,  Chief 
01  the  Stall  of  the  Bulgarian 
Flotilla,  delegate 
Chile: 

His    R.xcellency    Mr.    Domingo 
Gana.    I-:nvoy    Extraordinary 
and  .Minister  Plenipotentiary 
at  London,  delegate  plenipo- 
tentiary ; 
His    Excellency    Air.    Augusto 
Matte,   Envoy  Extraordinary 
and   Minister  Plenipotentiary 
at    Berlin,    delegate    plenipo- 
tentiary ; 
His     Excellency     Mr.     Carlos 
Concha.  e.x-Arinister  of  War, 
ex-President  of  the  Chamber 
of    Deputies.    ex-Envoy    E.x- 
tniordinnry      and       Minister 
Plenipotentiary     at      Buenos 


Itulgari. 


Chiln. 


mRKSi;iS2miKti£&ni^RMis»Jki'':'SBiu!iS7WSB^mU 


THE  1  INAL  ACTS  OF  1899  AND  1907 


Chini. 


Colonihia 


1899 


I'or  China: 

Mr.  Yang  Vu,  Envoy  Extraor- 
dinary and  Minister  I'lenipo- 
tcntiary  at  St.  Petersburg, 
first  delegate,  plenipotentiary  ; 

Mr.  Lou-Tseng-Tsiang,  second 
delegate ; 

Mr.  Hoo- Wei-Teh,  second  dele- 
gate ; 

Mr.  Ho- Yen-Cheng,  Counselor 
of  Legation,  assistant  dele- 
gate. 


1907 
Aires,     delegate     pletiipoten- 
tiary. 
China : 

His  E.xccllency  Mr.  Lou-Tseng- 
Tsiang,  Ambassador  Extraor- 
din;'  y,  delegate  plenipoten- 
tiary ; 

His  Excellency  the  Honorable 
John  W.  Foster,  ex-Secretary 
of  State  at  the  United  States 
Department  for  Foreign  Af- 
fairs, delegate  plenipoten- 
tiary ; 

His  Excellency  Mr.  Tsien-Sun, 
F'.nvoy  F.xtraordinary  and 
Minister  Pk'nii)otentiary  at 
The  Plague,  delegate  plenipo- 
tentiary ; 

Colonel  W.  S.  Y.  Tinge,  Judge 
Advocate  General  at  the  War 
OfTice,  military  delegate ; 

Mr.  Chang  Ching  Tong,  Secre- 
tary of  Legation,  assistant 
delegate ; 

Mr.  Chao-Hi-Chiu,  ex-Secre- 
tary of  the  Imperial  Chinese 
Mission  and  Legation  at 
Paris  and  Rome,  assistant 
delegate. 
Colombia : 

General  Jorge  Holguin,  dele- 
gate plenipotentiary ; 

Mr.  Santiago  Perez  Triana, 
delegate  plenipotentiary : 

His  Excellency  General  M.  Var- 
gas, Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  Paris,  delegate  plenipoten- 
tiary. 


'■k'f^ 


^I^fJW. 


't>:l^jrJ^t:-  ^^ 


THE  I'lNAL  ACTS  Ol-   1899  AND  19«)7 


1899 


I'"or  Denn:ark: 

Cliauiliirlain  Fr.  F,.  fie  Bille, 
Envoy  Fxtraordinary  and 
Minister  Plenipotentiary  at 
London,  first  dciepate,  pleni- 
potentiary ; 
Mi.  J.  G.  F.  von  Schnack,  Col- 
onel of  Artillery,  ex-Minister 
for  War,  second  delegate, 
plenipotentiary. 


1907 
The  Kepublic  of  Cuba : 

Mr.  Antonio  Sanchez  dc  Busta- 
niantc,  p.  jfcssor  of  interna- 
tional liiw  at  the  University 
of  Havana,  Senator  of  the 
Kepuhlic,  delegate  plenipo- 
tintiary  ; 

His  i:.\cellency  Mr.  Gonzalo  dc 
(Jiiesada  y  Arostegui,  Fnvoy 
l-.xtraordinary  and  Minister 
l'1'.nipotentiary  at  Washing- 
ton, delegate  i)lenipotentiary  ; 

Mr.  Manuel  Sanguily,  ex-direc- 
tur  of  the  Institute  of  Sec- 
ond.iry  I'ducation  at  Havana, 
Senator  of  the  Rejiublic,  del- 
egate i)lenipotentiary. 
Denmark : 

His  Excellency  Mr.  C.  Brun, 
Envoy  Extraordinary  and 
Minister  Plenipotentiary  at 
W'asnington,  first  delegate 
plenipotentiary  ; 

Rear -Admiral  C.  F.  Scheller, 
second  delegate  plenipoten- 
tiary; 

Mr.  A.  Vedel,  Ch.-.mberlain, 
He."d  of  Department  at  the 
Royal  !\Iinistr\'  for  Foreign 
AflFairs,  third  delegate  pleni- 
potentiary. 
The  Dominican   Republic : 

Mr.  Francisco  Henrique/  i  Car- 
vajnl,  cx-Minister  for  For- 
eign Affairs,  member  of  the 
Permanent  Court  of  .Xrbitra- 
tion.  delegate  plenipotentiary ; 
Mr.  .\polinar  Tejera.  rector  of 
the  Professional  Institute  of 


Cub.. 


I)Mim;trk. 


!  I'ininica 
Ut-iuihlic. 


■^di^^^s^^.'^'^^s^'m^ss^^ui 


"(f^Mu  J--Sir:''y"-^^:^^&5?^ 


10 


nir.  I  iNAL  ACTS  or  i8<«  wn  loo; 


18^9 


K.u.,l,^ 


I'or  Spain : 

His  ICxccllt'iicy  Duke  de  Te- 
tuan.  cx-MiiiistcT  for  Foreign 
AlTairs,  lirst  dolegato,  jilcni- 
]>iitiiitiary  , 

Mr.  W.  Ramirez  dc  \'illa  Ur- 
niiia.  !".nvoy  I'xtraordinary 
and  Minister  Plenipotentiary 
at  Brussels,  delegate  |)lenipo- 
ientiary  : 

Mr.  .\rtlntr  dc  Hagner.  F.nvoy 
Extraordinary  and  Minister 
Pli'iiipntentiaryat  The  I  fatriic, 
delegate  plenipotentiary ; 

The  Count  del  Serrallo,  Colo- 
nel, Military  Attache  to  the 
Spanish  Legation  at  Brus- 
sels, assistant  delegate. 


Franct. 


For  France : 

?>lr.  I.eon  Bourgeois,  ex-Presi- 
dent of  Council,  e.x-Minister 


1907 
S.iiito    Duniingo,   nieniher  of 
the  I'erinaneni  Court  ol   Ar- 
bitration,    delegate     plempO- 
tetui.iry. 
The  Kepulilic  of  l!euailur  : 

His  r.Ncellency  Mr.  Victor 
Keiidi.n,  laivoy  I'.xtraordi- 
naiy  and  .Minister  I'lenipo- 
tentiary  at  I'aris  and  Madrid, 
delegate  pkniixjtenliary  ; 

Mr.  i'.iirii|ue  Dorn  y  de  .Msua, 
(  harge    d'.MYaires,    delegate 
lileni|)otentiary. 
Spain  : 

His  I-.xcellency  Mr.  W .  R.  .le 
\'iIla-Urrutia,  Senator,  ex- 
Minister  for  I''oreign  AtTairs, 
Aniliassndor  l^xtraordinary 
and  Plenipotentiary  at  Lon- 
don, first  delegate  plenipo- 
tentiary ; 

His  I'xcellency  Mr.  Jose  de  la 
Rica  y  Calvd,  laivov  Fx- 
traordin.iry  and  Minister 
Pleniiiotentiarv  at  Tlie  I  lague, 
delegate  plenipdtentiary  : 

Mr.  Ciahric!  Maura  y  fiaina/o. 
Count  dc  la  Mortera.  Deputy 
to  the  Cortes,  delegate  pleni- 
potentiary : 

Mr.  J.  Jofre  Mnntojo,  Colonel 
on  the  StafT.  .\ide-de-camp  to 
the  Minister  of  War,  assist- 
ant military  delegate : 

Captain   Francisco  Chacon,  as- 
sistant naval  .lelegate. 
France ; 

His  F.xcellencv  Mr.  Leon  Bour- 
geois,  .Anihassador    Fxtraor- 


TIIK  I  INAL  ACTS  Ol'  1>    -  AND  I'ai; 


tl 


1899 

t'lir    I'dic-iijii    Aliairs,    iiicni- 
lur  1)1  ilic  Lli.iiiilRt  ul  iJiim- 

tK'>,     lll?,l      llcllgillc,     jilllllJJll- 

tuili.ii  V  ; 
'i      licoij^o    I'lihounl,    iMuoy 

I'.Mruoidiiiary    ami    Miiiisici 

l'k-in|ioUiitiarvat  1  lie  I  lanuf. 

^"•ii'inl  (IcltKaU',  plciiiiioltil- 
tiary  ; 
I  he  Uaruii  d'i;.-,ioiiriifllis  de 
C'oii!itaiU,  .Miiii>,tLT  l'kiiii>ii- 
tcmiaiy.  iiiiiiiljir  ot  llic 
CliaiiiliL-r  of  I  )  iitir>.  tliii'l 
iicli;;ati-,  ]iK-m[)i  aoiuiai  y  ; 
Mr.       .\|..uiii'  r,       (  Iciu-ral       ui 

\W\i^.uW,  ittlini.  ,il  ik!i-i;,ilc-, 
M-         IVpliaii,       Ri  ,r-.\(liii!:-al, 

U'clii:  al  .leli'Lratc: 
Mr  I,iaii->  k  tiaiill.  !.rofi'~m)r  it 
tl  ■■  F"aciilt\  of  [.aw  at  I'  -is. 
l-cjiai  Ailviscr  to  the  Mp  - 
try  fo!  f'orci-n  AtTa^s,  tocii- 
meal  (Ic'i'jjate. 


1907 

iliiiai),  iiciiatur,  cx-l'rcsidLiit 
of    tlic    Council,    cx-Miiiibicr 
for  lorcigii  Allairs,  iiiwniljcr 
of    ilic    I'cnnaiRiii   Court   of 
Arljitratiuii,      «lck-};atc,      llr^t 
I)kiiil)(jti.'iitiai>  ; 
Haroii    <ri.>touriiLllus    ilc    Coii- 
slaiit,  S.tialor,  Miiii-tir  I'kii- 
i|M)tinti,.ry  of  llic  I'lrM  C  la^^s, 
nmiilur    of     thf     I'crniaiifiit 
Coiul    of     Arliitralioii.    (kk- 
^alr,   -icoiid    iik'nipoiciiliary  ; 
Mr.  I.oiii~  kiiiault,  piofc^sor  at 
iIk'  ImcuIi.   oi   Law  at  I'aris, 
Honorary     .Mliii^ur     I'Ktiipo- 
U'litiary,  I.r-.l    \^lM>cr  to  ilir 
.Mitii.^lrv   for  I'orriL,'!!  .\!fairs 
liuniliiT      of      l!u-       liistinilo. 
iihihIht    of     llii-     !'(  rni.iiunr 
Court    of    .\rlntration,    .Ji-k'- 
fratf.  third  pkiiiiinti'titi.arv  : 
His    F':\i-elkTU-v    Mr.    Marccliin 
IVlk-f.    l"n\-oy    I'.xtr. .ordinary 
and    Minister   Plcnipoti'titiary 
at       !'hf      llai,'uc.      (kie^'ate, 
fourth  plenipotentiary  ; 
(nneral    of    Division    Aniourcl, 

niiliiary  delet,Mte  ; 
Rear-.\(lniiral  Ara.no,  naval  dei- 

eij.ate  ; 
Mr.  Froniai,'eo  .  a<lvoi-ate  at  the 
Court    of    .  .ppeal    at    Paris, 
technical   dt!ef;;ite  ; 
Cipt.ain    I.aca^e.    second    naval 

delej.:;ate  : 
Lieulcn.ant  Colonel  .'^ilien.  Mili- 
tary .Attache  at  Hruv-els  and 
The   Hague,   second   military 
delejjatc. 


I; 


12 


THE  MNAL  ACTS  OF  1899  AND  1907 


1899 

iWett  Britain.       Por  Grcat  Britain  and  Ireland : 

His  Kxcelkncy  the  Right  Hon- 
orable Sir  Julian  I'auncefote, 
member  of  Her  Majesty's 
Privy  Council,  Ambassador 
Extraordinary  and  Plenipo- 
tentiary of  the  United  King- 
dom at  W  ashington,  first  del- 
egate,   plenipotentiary ; 

Sir  Henry  Howard,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The 
Hague,  second  delegate,  plen- 
ipotentiary ; 

Sir  John  A.  Fisher,  Vice-Ad- 
miral, technical  delegate; 

Sir  J.  C.  Ardagh,  Major  Gen- 
eral, technical  delegate ; 

Lieutenant  Colonel  C.  a  Court, 
Military  Attache  at  Brussels 
and  The  Hague,  assistant 
technical  delegate. 


1907 
Great  Britain : 

His  Excellency  the  Right  Hon- 
orable Sir  Edward  Fry, 
G.C.B.,  member  of  the  Privy 
Council,  Ambassador  Ex- 
traordinary, member  of  the 
Permanent  Court  of  Arbitra- 
tion, delegate  plenipotentiary  ; 

His  Excellency  the  Right  Hon- 
orable Sir  Ernest  Mason  Sa- 
tow,  G.C.M.G.,  member  of 
the  Privy  Council,  member 
of  the  Permanent  Court  of 
Arbitration,  delegate  plenipo- 
tentiary ; 

His  Excellency  the  Right  Hon- 
orable Lord  Reay,  G.C.S.I., 
G.C.I.E.,  member  of  the 
Privy  Council,  ex-president 
of  the  Institute  of  Interna- 
tional Law.  delegate  plenipo- 
tentiary ; 

His  Excellency  Sir  Henry 
Howard,  k"c.M.G.,  C.B., 
Envoy  Extraordinary  and 
Minister  Plenipotentiary  at 
The  Hague,  delegate  plenipo- 
tentiary ; 

Lieutenant  General  Sir  Ed- 
mond  R.  Ellcs.  G.C.I.E., 
K.C.B.,  military  delegate ; 

Captain  C.  L.  Ottley.  M.V.O., 
R.X.,  A.n.C.  naval  delegate; 

Mr.  Eyre  Crowe.  Counselor  of 
Embassy,  technical  delegate, 
first  secretary  to  the  delega- 
tion; 

Mr.  Cecil  Hurst,  Counselor  of 
Embassy,  technical   delegate. 


THE  FINAL  ACTS  OF  1899  AND  1907 


13 


1899 


For  Greece : 
Mr.  N.  Delyaimis,  ex-President 
of  the  Council,  cx-Minister 
for  Foreign  Affairs,  Envoy 
Extraonlinar)'  and  Minister 
Plenipotentiary  at  Paris,  del- 
egate plenipotentiary. 


1907 

legal   adviser   to  the   delega- 
tion; 

Lieutenant  Colonel  the  Honor- 
able Henry  Yarde-BuUer, 
D.S.O.,  Military  Attache  at 
The  Hague,  technical  dele- 
gate ; 

Conniiander  J.  R.  Segrave, 
R.  N.,  technical  delegate; 

Major     George    K.    Cockerill, 
General  Staff,  technical  dele- 
gate. 
Greece : 

His  Excellency  Mr.  Cleon  Rizo 
Rangabe,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  Berlin,  first  dele- 
gate plenipotentiary ; 

Mr.  Georges  Streit,  professor 
of  international  law  at  the 
University  of  Athens,  mem- 
ber of  the  Permanent  Court 
of  Arbitration,  second  dele- 
gate plenipotentiary ; 

Colonel    of    Artillery     C.     Sa- 
pountzakis,  Chief  of  the  Gen- 
eral Staff,  technical  delegate. 
Guatemala : 

Mr.  Jose  Tible  Machado, 
Charge  d'Affaires  at  The 
Hague  and  London,  member 
of  the  Permanent  Court  of 
Arhitiation,  delegate  plenipo- 
tentiary ; 

Mr.    Enri(jue    Gomez    Carrillo, 
Charge  d'.Xff.iires  at   Berlin, 
delegate  iilenijiotentiary. 
The  Republic  of  Haiti: 

His  Excellency  Mr.  Jean  Joseph 


14 


THE  l-h\AL  ACTS  OF  1899  AND  1907 


1899 


Italy 


For  Italy : 

His  Excellency  Count  Nigra, 
Italian  Ambassador  at  Vi- 
enna, Senator  of  the  King- 
dom, first  delegate,  plenipo- 
tentiary ; 

Count  A.  Zannini,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The 
Hague,  second  delegate,  plen- 
ipotentiary ; 

'Ihe  Chevalier  Guido  Pompilj, 
Deputy  in  the  Italian  Parlia- 
ment, third  delegate,  plenipo- 
tentiary ; 

The  Chevalier  Louis  Zuccari. 
Major  General,  technical  del- 
ejjate  ; 

Tlie  Chevalier  Auguste  Bianco, 
Captain,  Naval  Attache  to  the 
Royal  Emhassy  at  London, 
technical  delegate. 


1907 
Dalbemar,  Envoy  Extraordi- 
nary  and    Minister   Plenipo- 
tentiary   at    Paris,    delegate 
plenipotentiary ; 

His  Excellency  Mr.  J.  N.  Leger, 
Envoy  Extraordinary  and 
Minister  Plenipotentiary  at 
Washington,  delegate  pleni- 
potentiary ; 

Mr.  Pierre  Hudicourt,  ex-pro- 
fessor of  international  public 
law,  advocate  at  the  bar  of 
Port  au  Prince,  delegate  plen- 
ipotentiary. 
Italy : 

His  Excellency  Count  Joseph 
Tornielli  Brusati  di  Vergano, 
Senator  of  the  Kingdom,  Am- 
bassador of  His  Majesty  the 
King  at  Paris,  member  of  the 
Permanent  Court  of  Arbitra- 
tion, president  of  the  Italian 
delegation,  delegate  plenipo- 
tentiary ; 

His  Excellency  Mr.  Guido 
Pompilj,  Parliamentary  Dep- 
uty, Under-Secretary  of 
State  at  the  Royal  Ministry 
for  Foreign  Affairs,  delegate 
plenipotentiary ; 

Mr.  Guido  Fusinato,  Councilor 
of  State,  Parliamentary  Dep- 
uty. ex-Minister  of  Educa- 
tion, delegate  plenipotentiary ; 

Mr.  Marius  Nicolis  de  Robilant, 
General  of  Brigade,  technical 
delegate  ; 

Mr.  Fran(;ois  Castigha,  Captain 
in  the  Navy,  technical  dele- 
gate. 


'■'j&m^^. 


THE  FINAL  ACTS  OF  1899  AND  1907 


15 


1899 
For  Japan : 

The  Baron  llayashi,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  St.  Peters- 
burg, first  delegate,  plenipo- 
tentiary ; 

Mr.  I.  Motono,  Envoy  Extraor- 
dinary and  Minister  Pleni- 
potentiary at  Brussels,  second 
delegate,  plenipotentiary ; 

Colonel  Uyehara,  technical  del- 
egate ; 

Captain  Sakamoto,  Japanese 
Navy,  technical  delegate; 

Mr.  Nagao  Ariga,  professor  of 
international  law  at  the  Su- 
perior Military  School  and 
the  Naval  School  of  Tokio, 
technical  delegate. 


For  Luxemburg: 

His  Excellency  ATr.  Eyschen, 
Minister  of  State,  President 
of  the  Grand  ucal  Govern- 
ment, deleg.  plenipoten- 
tiary ; 

The  Count  de  Villers,  Charge 
d'.XfFaircs  nt  Berlin,  delegate 
plenipotentiary. 
For  the  United  States  of  Mexico  •} 

Mr.  de  Micr,  Envoy  Extraor- 
dinary and  Minister  Plenipo- 


1907 
Japan : 

His  Excellency  Mr.  Keiroku 
Tsudzuki,  Ambassador  Ex- 
traordinary and  Plenipoten- 
tiary, first  delegate  plenipo- 
tentiary ; 

His  Excellency  Mr.  Aimaro 
Sato,  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  The  Hague,  second  dele- 
gate plenipotentiary ; 

Mr.  Henry  Willard  Denison, 
Legal  Adviser  to  the  Imperial 
Ministry  for  Foreign  Af- 
fairs, member  of  the  Perma- 
nent Court  of  Arbitration, 
technical  delegate ; 

Major  General  Yoshifuru  Aki- 
yania.  Inspector  of  Cavalry, 
technical  delegate ; 

Rear- Admiral    Hayao     Shima- 
mura,  president  of  the  Naval 
College  at  Etajima,  technical 
delegate. 
Luxemburg ; 

His  Excellency  Mr.  Eyschen, 
Minister  of  State,  President 
of  the  Grand  Ducal  Govern- 
ment, delegate  plenipoten- 
tiary; 

Count      de      \'illers.      Charge 
d'.VflFaires  at  Berlin,  delegate 
plenipotentiary. 
Mexico : 

His  Excellency  Mr.  Gonznlo  .\. 
Estcva,  Envoy  Extraordinary 


Japan. 


Luxemburg. 


M.\ici 


•See  footnote  on  p.  2. 


I 


16 


THE  riNAL  ACTS  OF  1899  AND  1907 


1899 
tentiary    at    Paris,    delegate 
plenipotentiary ; 
Mr.  Zenil,  Minister  Resident  at 
Brussels,  delegate  plenipoten- 
tiary. 


Montenegro, 


For  Montenegro: 

His  Excellency  Mr.  de  Staal, 
Privy  Councilor,  Russian 
Ambassador  at  London,  dele- 
gate plenipotentiary. 


Nicarag'.ia. 


1907 

and  Minister  Plenipotentiary 
at  Rome,  first  delegate  pleni- 
potentiary ; 

His  Excellency  Mr.  Sebastian 
B.  de  Mier,  Envoy  Extraor- 
dinary and  Minister  Plenipo- 
tentiary at  Paris,  second  dele- 
gate plenipotentiary ; 

His  Excellency  Mr.  Francisco 
L.  de  la  Barra,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  Brussels 
and  at  The  Hague,  third  del- 
egate plenipotentiary. 
Montenegro : 

His  Excellency  Mr.  Nelidow, 
Privy  Councilor,  Russian  Am- 
bassador at  Paris,  delegate 
plenipotentiary ; 

His  Excellency  Mr.  de  Martens, 
Privy  Councilor,  permanent 
member  of  the  Council  of  the 
Imperial  Russian  Ministry 
for  Foreign  Affairs,  delegate 
plenipotentiary ; 

His  Excellency  Mr.  Tcharykow, 
Councilor  of  State,  Chamber- 
lain, Envoy  Extraordinary 
and  Minister  Plenipotentiary 
of  Russia  at  The  Hague,  del- 
egate plenipotentiary. 
Nicaragua : 

His  Excellency  Mr.  Crisanto 
Medina,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  Paris,  delegate 
plenipotentiary. 


'  I      III     ■  II  III       1 1  III  II I  III      |l    III  II  III  11  III      I 


THE  FINAL  ACTS  OF  1899  AND  1907 


17 


1899 


For  the  Netherlands: 
Jonkheer  A.  P.  C.  van  Karne- 
beek,  ex-Minister  for  Foreign 
Affairs,  member  of  the  Sec- 
ond Chamber  of  the  States- 
General,  delegate  plenipoten- 
tiary ; 
General  J-  C.  C.  den  Beer  Poor- 
tngael,  ex-Minister  for  War, 
member    of    the    Council    of 


1907 

Norway :'  Norwiy. 

His  Excellency  Mr.  Francis 
Hagerup,  ex-President  of  the 
Council,  ex-professor  of  law, 
member  of  the  Permanent 
Court  of  Arbitration,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  The 
Hague  and  Copenhagen,  dele- 
gate plenipotentiary ; 

Mr.  Joachim  Grieg,  ship-owner 
and  Deputy,  technical  dele- 
gate; 

Mr.  Christian  Lous  Lang,  Sec- 
retary to  the  Nobel  Commit- 
tee of  the  Norwegian   Stor- 
thing, technical  delegate. 
Panama : 

Mr.   Belisario  Porras,  delegate 
plenipotentiary. 
Paraguay : 

His  Excellency  Mr.  Eusebio 
Machain,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  Paris,  delegate 
plenipotentiary. 
The  Netherlands:'  Netherlands 

Mr.  W.  H.  de  Beaufort,  ex- 
Minister  for  Foreign  Affairs, 
member  of  the  Second 
Chamber  of  the  States-Gen- 
eral, delegate  plenipotentiary. 

His  Excellency  Mr.  T.  M.  C. 
Asser,  Minister  of  State, 
member  of  the  Council  of 
State,  member  of  the  Perma- 


Panama. 


Paraguay. 


'Sweden  and  Norway  constituted  a  Union  until   1905.     For  their  delegation 
to  the  I-irst  Conference,  see  p.  23. 


^im£^BIi^^^^f!^¥Sm  ''Mt^BR. ' 


18 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 
State,     delegate     plenipoten- 
tiary ; 

Mr.  T.  M.  C.  Asser,  member 
of  the  Council  of  State,  dele- 
gate plenipotentiary ; 

Mr.  E.  N.  Rahusen,  member 
of  the  First  Chamber  of  the 
States-General,  delegate  plen- 
ipotentiary ; 

Captain  A.  P.  Tadema,  Chief 
of  the  Staff  of  the  Nether- 
land  Marine,  technical  dele- 
gate. 


1907 
nent    Court    of    Arbitration, 
delegate  plenipotentiary ; 
His  Excellency  Jonkheer  J.  C. 
C.     den     Beer     Poortugael, 
Lieutenant  General  on  the  re- 
tired list,  ex-Minister  of  War, 
member   of    the    Council   of 
State,     delegate     plenipoten- 
tiary ; 
His  Excellency  Jonkheer  J.  A. 
Roell,  Aide-de-camp  to  Her 
Majesty    the   Queen    in    Ex- 
traordinary    Service,     Vice- 
Admiral  on  the   retired  list, 
ex-Minister  of  Marine,  dele- 
gate plenipotentiary ; 
Mr.  J.  A.  LoefT,  ex-Minister  of 
Justice,  member  of  the  Sec- 
ond Chamber  of  the  States- 
General,  delegate  plenipoten- 
tiary; 
Mr.  H.  L.  van  Oordt,  Lieuten- 
ant Colonel  on  the  Staff,  pro- 
fessor at  the  Higher  Military 
College,  technical  delegate ; 
Jonkheer  VV.  J.  M.  van  Eysinga. 
Head  of  the  Political  Section 
at  the  Ministry  for  Foreign 
Affairs,  assistnnt  delegate; 
Jonkheer    H.    A.    van    Karne- 
beek,      Gentleman      of     the 
Chamber,  .Assistant  Head  of 
Department   at   the   Colonial 
Office,  assistnnt  delccrnte : 
Mr.  H.  G.  Suric,  Naval  Lieu- 
tenant   of    the    First    Class, 
technical  delegate. 


mmam^wwi^mm^M^-'ym:'^ms;^%T\-mf 


THE  FINAL  ACTS  OF  1899  AND  1907 


19 


1899 


For  Persia: 

Aide-de-Camp  General  Mirza 
Riza  Khan  (Arfa-ud-Dov- 
leh),  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  St.  Petersburg  and  Stock- 
holm, first  delegate,  plenipo- 
tentiary ; 

Mr.  Mirza  Samad  Khan  (Mon- 
tazis-Saltaneh),  Counselor  of 
Legation  at  St.  Petersburg, 
assistant  delegate. 


For  Portugal : 

The  Count  dc  Macedo,  Peer  of 
the  Kingdom.  ex-Minister  of 
Marine  and  the  Colonies,  En- 
voy E.xtraordinary  and  Min- 
ister Plenipotentiary  at  Ma- 
drid, delegate  plenipotentiary ; 

Mr.  d'Ornellas  Vasconcellos, 
Peer  of  the  Kingdom.  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  St.  Peters- 


1907 
Peru: 

His  Excellency  Mr.  Carlos  G. 
Candanio,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  Paris  and  London, 
member  of  the  Permanent 
Court  of  Arbitration,  delegate 
plenipotentiary ; 

Mr.  Gustavo  de  la  Fuente,  First 
Secretary     of     Legation    at 
Paris,  assistant  delegate. 
Persia : 

His  Excellency  Samad  Khan 
Momtas-es-Saltaneh,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  Paris, 
member  of  the  Permanent 
Court  of  Arbitration,  dele- 
gate, first  plenipotentiary ; 

His  Excellency  Mirza  Ahmed 
Khan  Sadig-ul-Mulkh,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  The  Hague, 
delegate  plenipotentiary ; 

Mr.  Hennebicq,  Legal  Adviser 
to  the  Minister    for    Foreign 
Affairs  at  Teheran,  technical 
delegate. 
Portugal : 

His  Excellency  the  ^L^rquis  de 
Soverai,  Councilor  of  State, 
Peer  of  the  Realm.  ex-Min- 
ister for  Foreign  .-\ffairs.  En- 
voy Extraordinary  and  Min- 
ister Plenipotentiary  at  Lon- 
don, Ambassador  Extraordi- 
nary and  Plenipotentiary,  del- 
egate plenipotentiary : 

His  Excellencv  Count  de  Selir, 


Vcrii. 


Persia. 


Portugal. 


:«f^ 


20 


INK  1  INAL  ACTS  OF  1899  AND  1907 


1899 
burg,     delegate     plenipoten- 
tiary ; 

The  Count  tie  Selir,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The 
Hague,  delegate  plenipoten- 
tiary ; 

Captain  Aiigusto  de  Castilho, 
technical  delegate ; 

Cajjtain  on  ''le  General  Staff 
Ay  res  d\  .  nellas,  technical 
delegate. 


Ro^mania  j.-^r  Rouiiiania : 

Mr.  Alexandre  Beldiinan,  En- 
voy Extraordinary  and  Min- 
ister Plenipotentiary  at  Ber- 
lin, first  delegate,  plenipoten- 
tiary ; 

Mr.  Jean  N.  Papiniu,  Envoy 
Extraordinary  and  Minister 
Pleniiiotentiary  at  The 
Hague,  second  delegate,  plen- 
ipotentiary ; 

Aide-de-Canip  Colonel  Constan- 
tin  Coanda,  Director  of  Artil- 
lery at  the  Ministry  for  War, 
technical  delegate. 
Russia.  For  Russia: 

His  Excellency  Mr.  de  Staal, 
Privy  Cour.'ilor,  Russian 
Ambassador  r.t  London,  dele- 
gate pleniprccntiary ; 

Mr.  de  Martens.  i>crnianent 
member  of  the  Council  of  the 
Imperial    Ministry    for   For- 


1907 
Envoy     Extraordinary     and 
Minister    Plenipotentiary    at 
The    Hague,    delegate   pleni- 
potentiary ; 
His    Excellency    Mr.    Alberto 
d'Oliveira,  Envoy  Extraordi- 
nary  and    Minister    Plenipo- 
tentiary   at    Berne,    delegate 
plenipotentiary ; 
Lieutenant  Colonel  Thoniaz  An- 
tonio Garcia  Rosado,  General 
Staff,  technical  delegate; 
Mr.    Guilherme    Ivens    Ferraz, 
Lieutenant  Commander  in  the 
Navy,  technical  delegate. 
Roumania : 

His  Excellency  Mr.  Alexandre 
Beldiman,     Envoy     Extraor- 
dinary and  Minister  Plenipo- 
tentiary at  Berlin,  first  dele- 
gate plenipotentiary ; 
His    Excellency     Mr.     Edgard 
Mavrocordato,     Envoy     Ex- 
traordinary     and      Minister 
Plenipotentiary  at  The  Hague, 
second    delegate    plenipoten- 
tiary; 
Captain     Alexander     Sturdza, 
General  Staff,  technical  dele- 
gate. 
Russia : 

His  Excellency  Mr.  Nelidow, 
Privy  Councilor,  Russian 
Ambassador  at  Paris,  dele- 
gate plenipotentiary ; 
His  Excellency  Mr.  de  Martens, 
Privy  Councilor,  permanent 
member  of  the  Council  of  the 


'S^i;:•^^v•  v^aKS 


THE  FINAL  ACTS  OF  1899  AND  1907 


21 


1899 

eign  Affairs,  I'rivy  Councilor, 
delegate  plenipotentiary ; 

Mr.  dc  Easily,  Councilor  of 
State,  Chamberlain,  Director 
of  the  First  Department  of 
the  Imperial  Ministry  for 
Foreign  Affairs,  delegate 
plenipotentiary  ; 

Mr.  Ratlalovich,  Councilor  of 
State,  Agent  in  F'rance  of  the 
Imperial  Ministry  for  Fi- 
nance, technical  delegate ; 

Mr.  Gilinsky,  Colonel  on  the 
General  Staff,  technical  dele- 
gate ; 

Count  Barantzew,  Colonel  of 
Horse  Artillery  of  the  Guard, 
technical  delegate ; 

Captain  Schtine,  Russian  Xaval 
Agent  in  France,  technical 
delegate : 

Mr.  Ovtchinnikow,  N'aval  Lieu- 
tenant, |)rotessor  of  juris- 
prudence, technical  delegate. 


1907 
Imperial    Mnustry    for    For- 
eign Aliairs,  member  of  the 
Permanent  Court  of  Arbitra- 
tion, delegate  plenipotentiary ; 

His  Excellency  Mr.  Tcliary- 
kow.  Councilor  of  State, 
Chamberlain,  Envoy  E.xtraor- 
diiiary  and  Minister  I'lenipo- 
tentiary  at  The  Hague,  dele- 
gate plenipotentiary ; 

Mr.  I'rozor,  Councilor  of  State, 
Chamberlain,  Russian  Minis- 
ter at  Rio  de  Janeiro,  techni- 
cal delegate ; 

Major  General  Yermolow,  Mil- 
itary Attache  at  London, 
technical  delegate. 

Colonel  Michelson,  Military 
Attache  at  Berlin,  technical 
delegate  ; 

Captain  Behr,  Naval  Attache  at 
London,  technical  delegate ; 

Colonel    Ovtchinnikow,   of    the 
Admiralty,   professor   of    in- 
ternational law  at  the  Naval 
Academy,  technical  delegate. 
Salvador : 

Mr.  Pedro  J.  Matheu,  Charge 
d'.XfFaires  at  Paris,  member 
of  the  Permanent  Court  of 
Arbitration,  delegate  pleni))0- 
tcntiary : 

Mr.  Santias^o  Perez  Triana, 
Charge  d'.\ffaires  at  London, 
member  of  the  Permanent 
Court  of  Arbitration,  delegate 
pU'ni|iotentiary, 


.^.ilvnd-r 


If-* 


22 


lilli  MNAL  ACTS  OF  1899  AND  19U7 


Siam. 


1899 

l-'ur  Serbia: 

-\lr.  .Miyatovitcli,  Envoy  Ex- 
iraonlmaiy  and  Minister 
I'lcnipotcnliar)  at  London 
and  ihc  llayuc,  dclc'tjate 
plcnipottntiary  ; 

L'oluncl  Maschinc,  Envoy  Ex- 
traordinary and  Minister 
PIcnijx)tentiary  at  Cettinjc, 
delegate  plenipotentiary ; 

Ur.  \oisIave  Veljkovitch,  pro- 
fessor on  the  Faculty  of  Law 
at  Belgrade,  assistant  dele- 
gate. 


For  Siani : 

1 1  is  Excellency  Phya  Suriya 
Nuvatr,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  St.  Petersburg  and 
Paris,  first  delegate,  plenipo- 
tentiary ; 

His  Excellency  Phya  Visuddha 
Suriya  Sakdi.  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The  Hague 
and  London,  second  delegate, 
plenipotentiary ; 

Mr.  Ch.  Corrngioni  d'Orelli, 
Counselor  of  Legation,  third 
delegate ; 

Mr.  £douard  Rolin,  Siamese 
Consul  General  in  Belgium, 
fourth  delegate. 


1907 

Serbia : 
ilia    E.\cellency    General    Sava 
Lirouitch,    President    of    the 
Council    of     Slate,    delegate 
plenipotentiary ; 
His    Excellency    Mr.    Milovan 
Milovanovitch,     Envoy     Ex- 
traordinary     and      Minister 
i'lenij)otentiary      at      Rome, 
member    of    the    Permanent 
Court  of  Arbitration,  delegate 
plenipotentiary ; 
His  Excellency  Mr.  Michel  Mi- 
litchevitch.    Envoy    Extraor- 
dinary and  Minister  Plenipo- 
tentiary at  London  and  The 
Hague,   delegate   plenipoten- 
tiary. 
Siam: 

Major  General   Mom  Chatidej 
Udom,    delegate    plenipoten- 
tiary; 
Mr.  Corragioni  d'Orelli,  Coun- 
selor  of    Legation   at    Paris, 
delegate  plenipotentiary ; 
Captain      Luang      Bhuvanarth 
Nariibal,  delegate  plenipoten 
tiary. 


THE  FINAL  ACTS  OF  1899  AND  1907 


23 


1899 

For  Sweden  and  Norway; 

1  he  baron  de  'lildt,  linvoy  Ex- 
traordinary and  Miniiter 
rienipotentiary  at  the  Royal 
Court  of  Italy,  delet^ate  pleni- 
l)(jl(.iuiary. 

L'oluiici  r.  II.  K.  Lkaiidstruni, 
Chief  of  First  Regiment  of 
Grenadiers  of  the  Guard, 
technical  delegate ; 

Captain  C.  A.  M.  de  Hjulham- 
niar,  Swedish   Navy,  techni- 
cal delegate. 
Xonvay: 

Mr.  W.  Konow,  President  of 
the  Odelsting,  technical  dele- 
gate; 

Major  General  J.  J.  Thaulow, 
Surgeon  General  of  the 
Army  and  Navy,  technical 
delegate. 


For  Switzerland : 

Dr.  Arnold  Roth,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  Berlin,  del- 
egate plenipotentiary ; 

Colonel  Arnold  Kiinzli,  Na- 
tional Councilor,  delegate ; 

Mr.  Edouard  Odier,  National 
Coimcilor,  delegate  plenipo- 
tentiary. 


1907 

Sweden :  Sw.dtn. 

l^lis  Excellency  Mr.  Knut  Hjal- 
niar  Leonard  de  llammar- 
skjold,  l!,nvoy  F^xtraordinary 
and  Minister  Plcnii)otentiary 
at  Co[K'iihagen,  ex-Minister 
of  Justice,  member  of  the 
Permanent  t  ourt  of  Arbitra- 
tion, first  delegate  plcniiK)- 
tentiary ; 

Mr.  Johannes  Hellner,  ex-Min- 
ister without  Portfolio,  ex- 
member  of  the  Supreme 
Court  of  Sweden,  member  of 
the  Permanent  Court  of  Ar- 
bitration, second  delegate 
plenipotentiary. 

Colonel  David  Fledengren, 
Connnanding  a  Regiment  of 
Artillery,   technical  delegate; 

Commander    Gustaf    de    Klint, 
Head    of    a    Section   on   the 
Staff    of    the    Royal    Navy, 
technical  delegate. 
Switzerlan<l :  s«it/cri.i.Hi. 

His  Excellency  Mr.  Gaston 
Carlin,  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  London  and  The  Hague, 
delegate  plenipotentiary ; 

M*-.  Eugene  Borel.  Colonel  on 
the  General  StafT,  professor 
at  the  University  of  Geneva, 
delegate  plenipotentiary ; 

Mr.  Max  Huber,  professor  of 
law  at  the  University  of  Zu- 
rich, delegate  plenipotentiary. 


''iWj^^' 


24 


THK  I  INAI.  ACTS  OK  18W  AND  1907 


Turtivjr. 


\  cnezuel*. 


1899 
For  1  urkey ; 

Ills  i:xcul)ciicy  lurkhan  I'asha, 
ex-Mmisicr  fur  Foreign  Af- 
fairs, member  of  the  Coumil 
of  State,  tirst  delegate,  pleni- 
potentiary ; 

Noury  Uey,  Secretary  General 
to  tlie  Ministry  for  Forei^jn 
Affairs,  delegate  plenipoten- 
tiary ; 

Abdullah  Pasha,  General  of  Di- 
vision of  the  Staff,  delegate 
plenipotentiary ; 

Mehenicd  I'asha,  Rcar-Admiral, 
delegate  plenipotentiary. 


1907 
Turkey  : 

liis  Fxccllency   1  urkbaii  I'asha, 
Ambassador      l^xtraonlmary, 
Minister  of   the   I'.vk.if,   iirst 
delegate  |ilciiii)oteiitiar y  ; 
His     llxceiiiiKy     Kiilnd     Hey, 
Turkish        Ambassador        at 
Koine,     delegate     plempoten- 
tiaiy ; 
His    Lxiellency     Vice-Admiral 
McliiiiRd      I'asha,     delegate 
plenipotentiary  ; 
Half  bey.  Legal  Adviser  on  the 
Civil  List,  assistant  delegate; 
Colonel  on  the  Staff  MelKnimed 
Said   Hey,  assistant  delegate. 
Uruguay : 

Mr.  Jose  Hatlle  y  Ordonez,  ex- 
President    of    the    Republic, 
menilier    of    the    Permanent 
Court    of    .Xrbitration,    first 
delegate  pleni|)otcntiarv  ; 
His    Excilliniy    Mr.    Juan    P. 
Castro,    ex- 1 'resident   of    the 
Senate,  I'.iivoy  I'.xtraordiiiary 
and   Minister  Plenipotentiary 
at  Paris,  member  of  the  Per- 
manent (  (Hirt  of  .Arbitration, 
delegalt     i>Unipotcntiary ; 
Colonel       Sebastian        Bufjuet, 
Connnaiuling  a  Regiment  of 
Field  ,\rtillery,  technical  del- 
egate. 
The  United  States  of  Venezuela: 
Mr.   Jose   Gil   Fortoul.   Charge 
d'.Xffaircs  at  Berlin,  delegate 
plenipotentiary. 


"itKiisaR-^ 


^fflKLi&pf  '^'f'r^Km^a^ 


THE  MNAL  ACTS  Ol    IHW  AND  I'Jii; 


25 


1899 

In  a  series  ol  iiii-cliiins,  1«  iwccii 
the  IKth  May  ;m.l  ilic  jyili  July, 
I8yy,  in  vvhiili  llie  cuiistaiil  <k>iri- 
ot  llio  ik'ltgatcb  abuvc-mciitioncil 
lias  Ijccii  to  icali/c,  III  tlif  iulk>t 
iiiaiiiicr  i>ossiblc,  the  yciicrous 
views  of  the  augti>t  initiator  ut 
the  t  uiiterence  aiul  the  intentions 
of  their  Govcrnnieiit?,  the  C  oiiler- 
eiice  has  a^;reecl,  for  siiiiinission 
for  signature  hy  the  pUiiipoten- 
tiaries,  on  the  text  of  the  Conven- 
tions and  Declarations  enumerated 
below  ami  annexed  to  the  oreseiit 
Act  : 

1.  C  onvention   for  the  peaceful 

adjustment    of    international 

dilTerences. 


II.  Convention  repardinp  the 
hws  ,-ind  customs  of  war  on 
land. 


1907 

At  a  series  ol  iiieetiii(,'s,  held  '"••"''■i'- 
Iroiii  the  i5th  June  to  the  lath 
Uctobei.  I'A)/,  II)  which  the  above 
delegates  weie  throuj^lioui  ani- 
mated by  the  desire  to  realize,  in 
the  tullest  possible  measure,  the 
generous  views  of  the  auyust  initi- 
ator c:  the  Conference  and  the  in- 
tentions of  their  Goveniuients,  the 
Conference  drew  up,  for  submis- 
sion for  signature  by  the  plenipo- 
tentiaries, the  text  of  the  Conven- 
tions and  of  the  Ueclaralion  enu- 
merated below  and  annexed  to  the 
present  Act : 

I.  Convention    for    the    pacific   j,!^""'""""': 
settlement     of     international   -<'"'''<""'<>■ 
disputes. 

II.  Convention  respecting  the 
limitation  of  the  employment 
of  force  for  the  recovery  of 
contract  debts. 

III.  Convention  relative  to  the 
oi)ening  of  hostilities. 

I\  .  Convention  respecting  the 
laws  and  customs  of  war  on 
land. 

V.  Convention     respecting    the   i^arl'n'iUd. 
rights  and  duties  of  neutral 
powers  and  persons  in  case 

of  war  on  land. 

VI.  Convention  relative  to  the 
status  of  enemy  merchant 
ships  at  the  outbreak-  of  hos- 
tilities. 

VIT.  Convention  relative  to  the 
conversion  of  merchant  ships 
into  war-ships. 


^""tilract  dells. 


f>|f'"ni{.,f 

l-MlliiRi,. 


Ian. 


I  iK'tny  mer. 
li.aiit  ..liips. 


-■.n::'  -■.^■tj.  j'  ;^'«- 


■.U'^J.  • 


.^*.• 


26 


THE  FINAL  ACTS  OK  1899  AND  1907 


1899 


Submarine 
mines. 


Navai 

htmiliardmcnt. 


Oneva 
l*unventii>n. 


Cai  tiire  'n 
na\  al  war. 


I'ri?e  Ciiurt, 


Nrntrals  in 
tiaval  war. 


Hrclarations : 

I'rojvctilcs 

Ir i'ln  t'alt  >"ns 


\s(iliy.vialin*l 


I  iiii 


111.  Convention  for  the  adapta- 
tion to  maritime  warfare  of 
the  principles  of  the  Geneva 
Convention  of  the  22d  Au- 
gust, 186^. 


IV'.  Three  Declarations: 
l.To    prohibit    the    launching 
of  projectiles  and  explosives 
from    balloons    or   by    other 
similar  new  methods. 

2.  To  prohibit  the  use  of  projec- 
tiles, the  only  object  of  which 
is  the  (lififusion  of  asi)hyxia- 
tinjj  or  deleterious  gases. 

3.  To  prohibit  the  use  of  bullets 
which  expand  or  flatten  easily 
in  the  human  body,  such  as 
bullets  with  a  hard  envelope, 
of  which  the  envelope  does 
not  entirely  cover  the  core 
or  is  pierced  with  incisions. 


1907 
VTll.  Convention     relative     to 
the  laying  of  automatic  sub- 
marine contact  mines. 

IX.  Convention  respecting  bom- 
bardment by  naval  forces  in 
time  of  war. 

X.  Convention  for  the  adapta- 
tion to  naval  war  of  the  prin- 
ciples of  the  Geneva  Conven- 
tion. 

XI.  Convention  relative  to  cer- 
tain restrictions  with  regard 
to  the  exercise  of  the  right 
of  capture  in  naval  war. 

XII.  Convention  relative  to  the 
creation  of  an  International 
Prize  Court. 

XIII.  Convention  concerning 
the  rights  and  duties  of  neu- 
tral Powers  in  naval  war. 

XIV.  Declaration  prohibiting 
the  discharge  of  projectiles 
and  explosives  from  balloons. 


THE  FINAL  ACTS  01    1899  AND  19()7 


27 


1899 

'Ihese  Conventions  and  Uecla- 
ratiuns  shall  I'onn  so  many  sepa- 
rate Acts.  These  Acts  shall  be 
dated  this  day,  and  may  be  signed 
up  to  the  31st  December,  1899,  by 
the  plenipotentiaries  of  the  Pow- 
ers represented  at  the  Interna- 
tional Peace  Conference  at  The 
Hague. 


1907 

Ihcic  Conventions  and  Decla- 
ration shall  form  so  many  sepa- 
rate Acts.  These  Acts  shall  be 
tlaied  tills  liay,  and  may  be  signed 
up  to  the  oUth  June,  1908,  at  The 
Hague,  by  the  plenipotentiaries 
of  the  Powers  represented  at  the 
Second  i'eace  Conference. 

The  Conference,  actuated  by  the 
spirit  of  mutual  agreement  and 
concession  characterizing  its  de- 
liberations, has  agreed  upon  the 
following  Declaration,  which, 
while  reserving  to  each  of  the 
Powers  represented  full  liberty  of 
action  as  regards  voting,  enables 
them  to  affirm  the  principles 
which  they  regard  as  unanimous- 
ly admitted : 

It  is  unanimous — 

1.  In  admitting  the  principle  of 
compulsory  arbitration. 

2.  In  declaring  that  certain  dis- 
putes, in  particular  those  relating 
to  the  interpretation  and  applica- 
tion of  the  provisions  of  interna- 
tional agreements,  may  be  sub- 
mitted to  compulsory  arbitration 
without  any  restriction. 

Finally,  it  is  unanimous  in  pro- 
claiming that,  although  it  has  not 
yet  been  found  feasible  to  con- 
clude a  Convention  in  this  sense, 
nevertheless  the  divergcnco!5  of 
opinion  which  have  come  to  light 
have  not  exxeeded  the  liotinds  of 
judicial  controvcrsv,  nnd  that,  hv 


>i).:ninj; 
■I  ;tt>i.ve. 


f  1 1 


re-;  ivtirik; 

.>l.Iii:,it.  rv 
artiiira;:  >ti. 


I 


28 


THI-:  I  I.NAL  ACTS  OF  1899  AND  1907 


1899 


Kcs('!iitit>ri 

liiuilati>>M 
ot  Miiiitary 

cxi'tn.lilurc. 


1.  CS'iO)  H.M 

Ci'iivcntii  n, 
(l'lii7l  Ji^lical 
Aiinlraii  'M 


Cjuided  by  the  same  sentiments, 
llie  Conference  has  adoi)ted  unan- 
imously the  following  l\i_solution : 
The  Conference  is  of  opinion 
that   the   restriction  of   mili- 
tary   charges,    which    are   at 
present   a   heavy   burden   on 
the  world,  is  extremely  desir- 
able  for  the  increase  of  the 
material   and   moral   welfare 
of  mankind. 


It  li.is  besides  fornmlated  the 
following  /  aiix: 

l.riie  Conference,  taking  into 
consideration  the  preliminary 
step  taken  by  the  Swiss  l'"ed- 
eral  CJovernnient  for  the  re- 
vision of  the  (jeneva  C'jnven- 
liDti.  expresses  the  wish  that 
ste[is  may  be  shortly  taken 
for  the  assembly  of  a  special 
Conference  having  for  its  ob- 
ject the  revision  of  that  Con- 
vention. 

This    wish    was    voted    unani- 


1907 

working  together  here  during  the 
past  four  months,  the  collected 
I'owers  not  only  have  learnt  to 
understand  one  another  and  to 
draw  closer  together,  but  have 
succeeded  in  the  course  of  this 
long  collaboration  in  evolving  a 
very  lofty  conception  of  the  com- 
mon welfare  of  humanity. 

The    Conference    has    further 
unanimously  adopted  the  follow- 
ing Resolution : 
The  Second  Peace  Conference 
confirms       the       Resolution 
adopted  by  the  Conference  of 
1899  in  regard  to  the  limita- 
tion of  military  expenditure ; 
and  inasmuch  as  military  ex- 
penditure   has     considerably 
increased    in    almost    every 
country  since  that  time,  the 
Conference  declares  that  it  is 
eminently  desirable  that  the 
Governments   should   resume 
the    serious    examination    of 
this  question. 
It  has  besides  expressed  the  fol- 
low in  sj  Varux: 

l.Tlie  Conference  recommends 
to  tlie  sisrnntory  Powers  the 
adoption  of  the  annexed  draft 
Convention'  for  the  creation 
of  a  Judicial  .Arbitration 
Court,  and  the  bringing  it  into 
force  as  soon  as  an  agree- 
ment has  been  reached  re- 
specting the  selection  of  the 
juflges  and  the  constitution 
of  the  Court. 


'/'.i.v/.   |..   .il. 


■■¥^:,?» 


THE  FINAL  ACTS  OF  1899  AND  19()7 


29 


1899 
2.  The  Conlercnce  expresses  the 
wish  that  the  questions  of  the 
riglits  and  duties  of  neutrals 
may  be  inserted  in  the  pro- 
gram of  a  Conference  in  the 
near  future. 


3.  The  Conference  expresses  the 
wish  that  the  questions  with 
regard  to  rifles  and  naval 
guns,  as  considered  by  it,  may 
be  studied  by  the  Govern- 
ments with  the  object  of  com- 
in;j  to  an  agreement  respect- 
ing the  employment  of  new 
types  and  calibers. 

4.  The  Conference  expresses  the 
wish  that  the  Governments, 
taking  into  consideration  the 
proposals  made  at  the  Con- 
ference, may  examine  the 
possibility  of  an  agreement  as 
to  the  limitation  of  armed 
forces  by  land  and  sea,  and 
of  war  budgets. 


5.  The  Conference  exjjrcsscs  the 
wish  that  the  proposal,  which 
rontemplates  the  declaration 
of  the  inviolah'lity  of  private 
property    in    naval    warfare, 


2.  (I. '(99)  Rights 
at»l  duties 
iif  neutrals. 
(1907)  .Mainti- 
iiance  i>f  rela- 
tions between 
I'eMiKerent.t 
and  neutrals. 


3. (1899)  Types 

anil  calibers  of 

».'uns. 

(iw?)  Military 

t!!.irBes  nn 

resident  aliens. 


1907 

2.  The  Conference  expresses  the 
opinion  that,  ia  case  of  war, 
the  responsible  authorities, 
civil  as  well  as  military, 
should  make  it  their  special 
duty  to  ensure  and  safeguard 
the  maintenance  of  pacific 
relations,  more  •.•specially  of 
the  commercial  and  industrial 
relations  between  the  inhabit- 
ants of  the  belligerent  States 
and  neutral  countries. 

.3.  The  Conference  expresses  the 
opinion  that  the  Powers 
should  regulate,  by  special 
treaties,  the  position,  as  re- 
gards military  charges,  of 
foreigners  residing  within 
their  territories. 


4.  I  he  Conference  expresses  the  ■"  'is99)  imii- 
opinion  that  the  preparation   f^r'.","  and""' 
of  reguL-itiuns  relative  to  the   ,  1"  117T1  .iws 
laws   and   customs   of   naval   lu'Vi'wa;"" "' 
war  should  figure  in  the  pro- 
gram   of    the    next    Confer- 
ence, and  that  in  any  case  the 
Powers  may  ajjply,  as  far  as 
possible,   to   war   by   sea   the 
principles  of  tlse  Convention 
relative  to  the  laws  and  cus- 
toms of  war  on  land. 
Finally,  the  Conference  recom- 
mends to  the  Powers  the  nssenihlv 
of 


5.  (1S99)  Pri- 
vate pr'i!.erty 
in  n.Tr;i!  war. 

a      third    t'cnce    ronferrnce.    I'.a., cm- 
which    might    he    held    within    a    '"""' 
period      corresponding     to     that 


r  f 


^mh 


IM' 


Fi^ 


30 


THE  riNAL  ACTS  OF  1899  AND  19<>7 


1899 

may  be  referred  to  a  subse- 
(fncnt  Conference  for  consid- 
eration. 


6.  The  Conference  expresses  the 
wish  that  the  proposal  to  set- 
tle the  (|uestion  of  the  hom- 
hardment  of  ports,  towns, 
and  villages  hv  a  naval  force 
may  he  referred  to  a  subse- 


1907 
which  has  elapsed  since  the  pre- 
ceding Conference,  at  a  date  to 
be  lixed  by  common  agreement 
between  the  Powers,  and  it  calls 
their  attention  to  the  necessity  of 
preparing  the  progiam  of  this 
Third  Conference  a  sufficient  time 
in  advance  to  ensure  its  delibera- 
tions being  con(lui;ted  with  the 
necessary  authority  and  e.xpedi- 
tion. 

In  order  to  attain  this  object 
the  (  onfcrence  considers  that  it 
\v mid  be  very  desirable  that,  some 
two  years  before  the  probable  date 
of  the  meeting,  a  preparatory 
committee  should  be  charged  by 
the  Governments  with  the  task  of 
collecting  the  various  proposals  to 
be  submitted  to  the  Conference,  of 
ascertaining  what  subjects  are  ripe 
for  embodiment  in  an  interna- 
tional regulation,  and  of  preparing 
a  program  which  the  Govern- 
ments should  decide  upon  in  suf- 
ficient time  to  enable  it  to  be  care- 
fully e.xaniined  by  the  countries 
interested.  This  committee  should 
further  be  intru.sted  with  the  task 
of  projiosing  a  system  of  organi- 
zation and  procedure  for  the  Con- 
ference itself. 


PROJECT  OF  1907  FOR  JUDICIAL  ARBITRATION  COURT         31 


1899 
qucnt  Conference  for  consid- 
eration. 

J  he  last  live  wishes  were  voted 
unanimously,  saving  some  absten- 
tions. 

In  f.;ith  of  which,  the  plenipo- 
tentiaries have  signed  the  present 
Act,  rind  have  affixed  their  seals 
thereto. 

Done  at  The  Hasjue,  29th  July, 
1899,  in  one  copy  only,  which 
shall  I)c  deposited  in  the  Ministry 
for  Forei),m  Affairs,  and  of  which 
copies,  duly  certified,  shall  be  de- 
livered to  all  the  Powers  repre- 
sented at  the  Conference. 

[Here  follow  sijjnatures.l 


1907 


In   faith  whereof  the  Plenipo-   "'«"'n»- 
tentiaries  have  signed  the  present 
.\ct  and  have  affi.xed  their  seals 
thereto. 

Done  at  The  Hague,  the  18th   ""-pr"''"' 

°       '  original. 

Octoi)er,  1907,  in  a  single  copy, 
which  shall  remain  deposited  in 
the  archives  of  the  Xetherland 
Government,    and    dulv    certified   ("'"'fif'!  copies 

to  rowers. 

copies  of  which  shall  be  sent  to  all 
the  Powers  represented  at  the 
Con  f  erence. 

[Here  follow  signatures.] 


i 
i 

i 


A,n„:r   to   Ihr   First    />«i    of   the   Scc.uid   Peace    Confercce 

DRAFT   CONVENTION    RELATIVE  TO  THE  CREATION  OF  A 
JUDICIAL  ARBITRATION  COURT 

Part   l.~Constitiition   of  tire  Judicial  Arbitration   Court 

Article  1 


r.  n";titutipn 
ot   Cour! 


\\  1th  a  view  to  promoting  the  cause  of  arbitration,  the  contracting   .^t.n,,,.  ,  f 
Powers  agree  to  constitute,  without  altering  the  statu,  of  the  Perma'^    ''"'"."'"f"' 
nent  Court  of  .Xrbitration.-'  a  Judicial  ArI)itration  t\)nrt,  of  free  and    -'t".''"i'.''" 
easy  access,   composed   „f   ;u(!ges   representing  the   various    juridical 
systems  of  the  world,  ;ii„|    -ripablc  of   insuring  coiitiiuiilv   in   .-irbitral 
iurisprnditice. 

.\rtici.e  2 

Ihc  Judicial  .Arbitration  Court  is  composed  of  judges  and  deputy   ".'■'lifi' -"i'^"' 
lu.lges  chosen  from  per-ons  of  the  highest  moral  reputation,  and  all     ■'  "■,'"'.'.'" 

'.Uite.  p.  2K 
-J'ost,  p.  .S7. 


ill 


SjPir^S 


t 


32 


THE  I-INAL  ACT  OK  1907 


fiilfillin};  comiitions  qualifying  them,  in  tlieir  respective  countries,  to 
occupy  liigh  legal  posts,  or  be  jurists  of  recognized  competence  in 
matters  of  international  law. 

The  judges  and  deputy  judges  of  the  Court  are  appointed,  as  far  as 
possible,  from  the  members  of  the  Permanent  Court  of  Arbitration. 
The  apjx)intment  shall  be  made  within  the  six  months  following  the 
ratification  of  the  present  Convention. 


Term  of 
service. 


Article  3 

The  judges  and  deputy  judges  are  appointed  for  a  period  of  twelve 
years,  counting  from  the  date  on  which  the  appointment  is  notified 
to  the  .Administrative  Council'  created  by  the  Convention  for  the 
pacific  settlement  of  international  disputes.  Their  appointments  can 
be  renewed. 

Should  a  judge  or  deputy  judge  die  or  retire,  the  vacancy  is  filled 
in  the  manner  in  which  his  appointment  was  made.  In  this  case,  the 
appointment  is  made  for  a  fresh  period  of  twelve  years. 


Rank  of 
members. 


Article  4 

The  judges  of  the  Judicial  .Arbitration  Court  are  equal  and  rank 
according  to  the  date  on  which  their  appointment  was  notified.  The 
judge  who  is  senior  in  point  of  age  takes  precedence  when  the  date 
of  notification  is  the  same. 

The  deputy  judges  are  assimilated,  in  the  exercise  of  their  func- 
tions, with  the  judges.    They  rank,  however,  below  the  latter. 


r>iplnniattc 
]Tivi!fL'e'*  .md 
nnmunitic*.. 


Article  5 

The  judge-;  enjoy  diplomatic  privileges  and  immunities  in  the 
exercise  of  their  functions,  outside  their  own  country. 

Before  taking  their  vcat.  the  judges  and  de()Uty  judges  must,  before 
the  .Ndniinistrativc  Council,  swear  or  make  a  solemn  affirmation  to 
exerci-e  their  functions  impartially  and  conscientiously. 


Special 
oelegaf  ion. 


Article  6 

The  Court  annually  nominates  three  judges  to  form  a  special  dele- 
gatiiin  and  three  more  to  replace  them  should  the  necessity  arise. 
Thev  may  he  reelected.     They  are  balloted  for.     The  persons  who 


'/'.).(/,  p.  62. 


PROJECT  OF  1907  FOR  JUDICIAL  ARBITRATION  COURT        33 


secure  the  largest  number  of  votes  are  considered  elected.  The  dele- 
gation itself  elects  its  president,  who,  in  default  of  a  majority,  is 
appointed  by  lot. 

A  member  of  the  delegation  can  not  exercise  his  duties  when  the 
Power  which  appointed  him,  or  of  which  he  is  a  national,  is  one  of 
the  parties. 

The  members  of  the  delegation  are  to  conclude  all  matters  sub- 
mitted to  them,  even  if  the  period  for  which  they  have  been  appointee' 
judges  has  expired. 

Article  7 

A  judge  may  not  exercise  his  judicial  functions  in  any  case  in  which 
he  has,  in  any  way  whatever,  taken  part  in  the  decision  of  a  national 
tribunal,  of  a  tribunal  of  arbitration,  or  of  a  commission  of  inquiry,  or 
has  figured  in  the  suit  as  counsel  or  advocate  for  one  of  the  parties.* 

A  judge  can  not  act  as  agent  or  advocate  before  the  Judicial  Arbi- 
tration Court  or  the  Permanent  Court  of  Arbitration,  before  a  special 
tribunal  of  arbitration  or  a  commission  of  inquiry,  nor  act  for  one  of  the 
parties  in  any  capacity  whatsoever  so  long  as  his  appointment  lasts. 


I>isqualificalion 
of  a  judge. 


Article  8 


The  Court  elects  its  president  and  vice-president  by  an  absolute  <"""'' ei<-ct« 

--:__•*.       _ /■   ^1  .  .         »  ..  ....  its  president 


majority  of  the  votes  cast.    After  two  ballots,  the  election  is  made  by 
a  bare  majority  and,  in  case  the  votes  are  even,  by  lot. 

Article  9 

The  judges  of  the  Judicial  Arbitration  Court  receive  an  annual 
salary  of  6,000  Netherland  florins.  This  salary  is  paid  at  the  end  of 
each  half-year,  reckoned  from  the  date  on  which  the  Court  meets  for 
the  first  time. 

In  the  exercise  of  their  duties  during  the  sessions  or  in  the  special 
cases  covered  by  the  present  Convention,  they  receive  the  sum  of  100 
florins  per  diem.  They  are  further  entitled  to  receive  a  traveling  allow- 
ance fixed  in  accordance  with  regulations  existing  in  their  own  country. 
The  provisions  of  the  present  paragraph  are  applicable  also  to  a 
deputy  judge  when  acting  for  a  judge. 

These  emoluments  are  included  in  the  general  expenses  of  the  Court 
dealt  with  in  Article  31,  and  are  paid  through  the  International  Bureau* 

'Cf.  Arfirlr  18,  f.:>st,  n. 
'Poit.  p.  57. 


35. 


its  nres 
.inn  vie, 
president. 


Compensation 
of  ludgcs. 


$'i 


34 


THE  FINAL  ACT  OF  1907 


created  by  tlie  Convention  for  tiie  pacific  settlement  of  international 
disputes. 

Article  10 

Tlie  jt'dges  may  m  t  accept  from  their  own  Government  or  from  that 
of  any  otlier  Power  any  remuneration  for  services  connected  with  tlieir 
duties  in  their  capacity  of  members  of  the  Court. 


Srat  i.f 
the  I  .uirt. 


Functi'^ns  "i 
.\(iniiiii>tr.lli\ 

C'nUiKlI. 


I-'umti'ns  of 
Inlt  rnatitnal 
liurc'iu. 


Ipv  Cnirt. 


.iir.tcd 


Article  11 

The  seat  of  the  Judicial  Court  of  .Arbitration  is  at  The  Hajjue,  and 
can  not  be  transferred,  unless  absolutely  obliged  by  circumstances, 
elsewhere. 

The  delegation  may  choose,  with  the  assent  of  the  parties  concerned, 
another  site  for  its  meetings,  if  special  circumstances  render  such  a 
step  necessary. 

Article  12 

The  .Administrative  Council  fulfils  with  regard  to  the  Judicial 
Court  of  .Arbitration  the  same  functions  as  to  the  Permanent  Court 
of  .\rbitration. 

Article  13 

The  Inttmational  Bureau  acts  as  registry  to  the  Judicial  Court  of 
.Arbitration,  and  must  place  its  offices  and  staflF  at  the  disposal  of  the 
Court.  It  ha>  charge  of  the  archives  and  carries  out  the  administrative 
work. 

The  >ccrctary  general  of  the  Bureau  discharges  the  functi(jiis  of 
rogi>trar. 

The  ncce--ary  secretaries  to  a'^sist  the  registrar,  t  anslators  and 
vliorthaiid  writers  are  appnintcl  and  sworn  in  by  the  Court. 


.Article  14 

The  Court  meet-  in  -es-~ion  once  a  y(  r.  The  session  opens  the  third 
Wednesday  in  June  and  lasts  until  all  the  business  on  the  agenda  has 
been  transacted. 

TliL-  ('Uirt  does  not  meet  in  session  if  the  delegation  considers  that 
-;;ch  meeting  is  unnecessary.  However,  when  a  Power  is  party  in  a 
c;i-e  actually  nding  before  the  Court,  the  pleadings  in  which  are 
closed,  or  about  to  be  closed,  it  may  insist  that  the  session  should  be 


PROJECT  OF  1907  FOR  JUDICIAL  ARBITRATION  COURT        35 

When  necessary,  the  delegation  may  summon  the  Court  in  extraor- 
dinary session. 

Article  15 

A  report  of  tlie  doings  of  the  Court  shall  be  drawn  up  every  vear  «<-|."rt. 
by  the  (Iclugation.     This  report  shall  be  forwarded  to  the  contracting 
Powers  through  the  International  P.ureau.     It  .shall  also  be  communi- 
cated to  the  judges  and  deputy  judges  of  the  Court. 

Article  16 

The  judges  and  deputy  judges,  member-  of  the  Judicial  Arbitra-  .imi«rsmav 
tion  Court,  can  also  exercise  the  function-  of  judge  and  deputy  judge  "mn'.'ns.n 
in  the  International  Prize  Court.  ."'.""on,;;'' 


P.\RT  U.—Coi)if<ctciicy  and  Procedure 
Article  17 


C"nmpcteTU-y 
iind  pruit.iurc 


The  Judicial  Court  of  Arbitration   is 


..f  dclcv-; 


■ .  y 
iti  tt. 


IS  competent   to  deal  with   all   f'mp'tcn.y 
cases  submitted  to  it,  in  virtue  either  of  a  general  undertaking  to  have  ' 
recourse  to  arbitration  or  of  a  special  agreement. 

Article  18 

The  delegation  is  competent — 

1.  To  decide  the  arbitrations  referred  to  in  the  preceding  article, 
if  the  parties  concerned  are  agreed  that  the  summarj'  procedure,  laid 
down  in  Part  I\',  Chapter  I\',  of  the  Convention  for  the  pacific  .settle- 
ment of  internatiuiial  disputes  is  to  be  applied  : 

2.  To  hold  an  inciuiry  under  and  in  accordance  with  Part  III  of  the 
said  Convention,  in  s,>  far  as  the  delegation  is  intrusted  with  such 
mquiry  liy  the  parties  acting  in  common  agreement.  With  the  as-cnt 
<if  the  partie-  concerned,  and  as  an  exception  to  .\rticle  T,  paragraiih  1, 
the  member,-  of  the  delegation  who  have  taken  part  in  the  iiuiuiry  may 
sit  as  jiidiie-,  if  the  ca-e  in  di-iiute  is  submitted  to  the  arbitration  of  the 
Court  or  of  the  delegation  itself. 


I' 


1 


Article  19 

The  delegation  is  also  competent  to  settle  the  coiiif^rowis  referred  ivv..,:^  r  :■, 

to  in  Article  .=^2  of  the  Convention  for  th^  pacific  settlement  ..f  inter-  r-'Z,:\i 

-.ational  di-putes  if  the  parties  are  agreed  to  leave  it  to  the  Court.  '"''"    '"' 


f* 


36 


THE  FINAL  ACT  OF  1907 


or  in  casr  of 
s  diipiite 
Kuvrrnt-d  hy  a 
lirnfral  treaty ; 


or  of  one 

ongiiMtinji  froi 
contract  debts. 


It  is  equally  competent  to  do  so,  even  when  the  request  is  only  made 
by  one  of  the  parties  concerned,  if  all  attempts  have  failed  to  reach 
an  understanding  through  the  diplomatic  ciiannel,  in  the  case  of — 

1.  A  dispute  covered  by  a  general  treaty  of  arbitration  concluded 
or  renewed  after  the  present  Convention  has  come  into  force,  pro- 
viding for  a  compromis  in  all  disputes,  and  not  either  explicitly  or  im- 
plicitly excluding  the  s<'ttlenient  of  the  compromis  from  the  compe- 
tence of  the  delegation.  Recourse  can  not,  however,  be  had  to  t.ie 
Court  if  the  other  party  declares  that  in  its  opinion  the  dispute  does 
not  belong  to  the  category  of  questions  to  be  submitted  to  compulsory 
arbitration,  unless  the  treaty  of  arbitration  confers  upon  the  arbitration 
tribunal  the  power  of  deciding  this  preliminary  question. 

2.  A  dispute  arising  from  contract  debts  claimed  from  one  I'ower 
by  another  Power  as  due  to  its  nationals,  and  tor  the  settlement  of 
which  the  offer  of  arbitration  has  been  accepted.  This  arrangement  is 
not  applicable  if  acceptance  is  subject  to  the  condi.ion  that  the  com- 
promis should  be  settled  in  some  other  way. 


Parties  nia) 

nominate 

;udgea. 


Article  20 

Each  of  the  parties  concerned  may  nominate  a  judge  of  the  Court 
to  take  part,  with  power  to  vote,  in  the  examination  of  the  case  sub- 
mitted to  the  delegation. 

If  the  delegation  acts  as  a  commission  of  inquiry,  this  task  may  be 
intrusted  to  persons  other  than  the  judges  of  the  Court.  The  travel- 
ing expenses  and  remuneration  to  be  given  to  the  said  persons  are  fixed 
and  borne  by  the  Powers  appointing  them. 


C   ntrarting 

I'.  »rr«  only 

to  tiave  access 
to  Court. 


Rule,  of 
priKcdure. 


Article  21 

The  contracting  Powers  only  may  have  access  to  the  Juilicial  Arbi- 
tration Court  set  up  by  the  present  Convention. 

Article  22 

The  Judicial  Court  of  Arbitration  follows  the  rules  of  j)!  ocedure  laid 
down  in  the  Convention  for  the  pacific  settlement  of  international 
disputes,  except  in  so  far  as  the  procedure  is  laid  down  in  the  present 
Convention. 


PROJECT  OF  190;  IQR  JUIHCIAL  ARBITRATION  COURT        3? 

Article  23 

The  Court  determines  what  lanj^uage  it  will  itself  use  and  what   '"(«-'•«'•• 
languages  may  be  used  before  it. 

Article  24 

Ihe  International  li   reau  serves  as  channel  for  all  communications  int«n.tion.i 

to  be  made  to  the  judg, ,  during  the  interchange  of  pleadings  provided  ""'*"""""" 

for  m  Article  63,  paragraph  2.  of  the  Convention  for  the  pacific  settle-  '""'""•"'" 
ment  of  international  disputes. 


Article  25 

For  all  notices  to  be  served,  in  particular  on  the  parties,  witnesses,  Jl°"'"'? 
or  experts,  the  Court  may  apply  direct  to  the  Government  of  the  Stat.-       ""'  ' 
on  whoje  territory  the  service  is  to  be  carried  out.     The  same  rul.: 
applies  111  the  case  of  steps  being  taken  to  procure  evidence. 

The  requests  addressed  for  this  purpose  can  only  be  rejected  when 
the  Power  applied  to  considers  them  likely  to  impair  its  sovereign 
rights  or  its  safety.  If  the  request  is  complied  with,  the  fees  charged 
must  only  comprise  the  expenses  actually  incurred. 

The  Court  is  equally  entitled  to  act  through  the  Power  on  whose 
territory  it  sits. 

Notices  to  be  given  to  parties  in  the  place  where  the  Co'  n  sits  may 
be  server]  through  the  International  Bureau. 

Art. CLE  26 

The  discussions  are  under  the  control  of  the  president  or  vice-presi-  Control  of 
dent.  or.  in  case  they  are  absent  or  can  not  act,  of  the  senior  j.  !>:e  '■""""'" 
present. 

The  judge  appointed  by  one  of  the  parties  can  not  preside. 


Article  27 

The  Court  considers  its  decisions  in  private,  and  the  nr     oedmcrs   iv.  i«r  n,  ,nd 
are  secret.  it  ccimKs. 

All  decisions  are  arrived  at  by  a  majority  nf  the  jn  'irt--;  present 
If  the  number  of  judges  is  even  and  equally  divided,  the  vote  of  the 
junior  judge,  in  the  order  of  precedence  laid  down  in  .\rticle  4. 
paragra(>h  1.  is  not  counted. 


I  're isitins 
*'y  niajcirity 


L-.-JS'K^ 


m^ 


38 


TlIK  MNAI.  ACT  OI-   1'J<)7 


Kruui-itrt  I'f 
jii>l|[inriit. 


Article  28 

The  jiKljjnient  i>f  the  Cnun  nul^t  ^jive  tlie  reasons  on  which  it  i< 
based.  It  contains  the  names  of  tlie  judges  taking  part  ni  it;  it  is 
signed  bv  the  president  and  registrar. 


I  .IV nit  ''t 


Articlr.  .1  ;m..1 
I.I  pr.ri-iliirr  I.e. 


Article  29 

F.ach  party  pays  its  own  co^ts  and  an  equal  share  of  the  costs  of 
the  trial. 

Article  30 

The  provisions  of  .Article-  21  to  2'>  are  applicable  by  analogy  to  the 
procedure  before  the  delegation. 

When  the  right  of  attaching  a  member  to  the  delegation  has  been 
excrci>ed  bv  one  of  the  parties  only,  the  vote  of  the  member  attached 
is  not  recorded  if  the  votes  are  evenlv  divided. 


Article  31 

Tlu'  general  expin-L*  ..f  the  Court  are  borne  by  the  contracting 
powers. 

The  Administrative  I'onncil  ripplie-  to  the  Power?  to  obtain  the 
funds  rciiui>>ite  for  the  wurking  of  the     ourt. 


1  r  ■^f'hirf 


Articl     '2 

Tlie  Court  it-elf  draws  up  it-  own  rule>  of  pi  -edure,  which  must 
lie  co:iiniuuic;\tid  !■■  tlie  contraitiui:  Power>. 

.Ni'ler  the  ratitir;'.tion  .f  the  pre-eut  Convention  the  Court  -hall  meet 
as  eailv  a-  ])o-sible  in  order  to  elaborate  the-^e  rules,  elect  the  pre-ident 
and  vice-i>re.sident,  am!  aiip'int  the  members  of  the  delegation. 


M..:.t'.r  ir,  m 
!!■  ;  r    \  I-:    li> 

IT'  If 'lure 


Articli:  33 

Tlic  Cc'Urt  niav  pr"iH.-c  iro,IifuMtions  in  the  provisions  of  the  present 
Ccnviiitioii  com-eniiiiL:  pr  cedure.  The-e  proposals  are  coinmuuicated 
through  llie  N'ctlierland  Cuvernnunt  to  the  contracting  Powers  which 
will  con-ider  together  a^  to  the  measure-  to  be  taken. 


-<m:mmjM^mmmi 


PROJECT  OF  1907  FOR  JUDICIAL  ARblTRATION  COURT        J9 

I'art  ill. — Final  Provisions 
Article  34 

The  [)rl■^cnt  C'ciiventif.n  shall  be  ratified  a>  >oon  ris  jw^sible. 

riif  ratifications  >hall  bu  depo-ifcd  nt  The  Ila^uc. 

A  ('roccs-icrbal  lA  the  deposit  of  each  ratification  shall  be  drawn  up, 
of  vvhicli  a  duly  certified  copy  shall  be  sent  tlirouRh  the  diplomatic 
channel  tu  all  the  signatory  I'ov 


Final 


K-iiifkaii.  n. 
i  lie  llo^iir. 


35 


riie  Convention  ahall 

'■•io      1       ■,            -i^       ! 

cation. 

It   shall  remain  in 

■■■  '                 .  ,              1 

newcd  fur  periocls  oi   • . 

.]..:-. 

The  denunciation           '    \h 

.'11  •  .    a'    '    .1  I 

e.xpiration  of  each  it     .!    i  , 

■     -I'-.-^Jil.!    (, 

inform  thj  other  I'ov.tr 

The  demmci.itioii  shall  (..'I, 

.    r     'tl.          1,       . 

Tower.     The  C"onvetition  >h 

1'     ic   in   i"- ^ 

Powers  are  concerned. 

*.IiL  after  its  ratifi- 


lall  he  tacitlv  re- 


I  'nraiK.n  I'f 
(.  "nvtiiiiun. 


.  .(1. 

i.vo  years  before  the   ''•^^""""»" 
vernnient,  which  will 

■■(;ard  to  the  notifyinR:   ii::i,\'*""f|, 
a-  far  as  the  other   "rt"'"! 


SIGNATURES  AND  RESEHVATION" 

The    1899    Final  Act   was   sijjned   by   plenipotentiaries   of   all   the 

Powers  rei)resented  at  the  hirst  Conference,  to  wit: 

Austria-Hungary  Montenegro 

^«-''K>uni  Netherlands 

Bulgaria  Persia 

China  Portugal 

Denmark  Roumania 

^'■•'"'•■''  Russia 

Germany  Serbia 

<ireat  liritain  S'\i\m 

^;''^'^'^'^'  Spain 

■  Sweilen  a.      Xoruav 

•^■'^f'-''"  Switzerland 

I.uxenilnirg  Tiirl>oy 

^'"^''•f"  Unitcl  States 

>Tlu-  1-mal  Act..  Ikmiik  Mimmarios  „f  the  pn.cecding.  of  the  Conferences    arc 

not    l.on\entlntl.-ll    .-li-nrnirnto    aP-'J    a;';-    Tflir;-.-!-.-    r.r.-    n.-.f    r-.::r....!  ^"i>-:>. 


:« 


40 


THE  FINAL  ACTS  OF  1899  AND  1907 


The  1907  Final  Act  was  signed  by  the  above-mentioned  Powers,' 
as  well  as  by  the  following: 

Argentine  Republic  Guatemala 

Bolivia  Haiti 

Brazil  Nicaragua 

Chile  Panama 

Colombia  Peru 

Cuba  Salvador 

Dominican  Republic  Uruguay 

Ecuador  Venezuela 

Resen>atioH:* 
Switzerland 

Under  reservation  of  Vwu  No.   1,  which  the  Swiss  Federal 
Council  does  not  accept. 


'Ill    19117   Nurway   .ind   Swcdin   signed    is   separate   1\  *frs 
-Krstrvatiiin   mailc  at   bitjnature. 


THE  HAGUE  CONVENTIONS  OF  1899  (I)  AND  1907  (I)  FOR  THE 
PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES 


1899 

Convention  (I)  for  the  pacific 
settlement  of  international  dis- 
putes.—Signed  at  The  Hague, 
July  29,  1899. 

His  Majesty  the  German  Em- 
peror. King  of  Prussia;  (etc.)  : 

Animated  by  a  strong  desire  to 
concert  for  the  maintenano.  v^f 
the  general  peace ; 

Resolved  to  second  by  their 
best  efTorts  the  friendly  settle- 
ment of  international  disputes ; 

Recognizing  the  solidarity 
which  unites  the  members  of  the 
society  of  civilized  nations ; 

Desirous  of  cxtemling  the  em- 
pire of  law  and  of  strengthening 
the  appreciation  of  international 
justice ; 

Convinced  that  the  permanent 
institution  of  a  Court  of  .Xrbi- 
tration,  accessible  to  all,  in  the 
midst  of  the  independent  Powers, 
will  contribute  elTectively  to  this 
result ; 

Having  rrpard  Im  the  adv.m- 
taijes  .ittondiiii;  the  ^rneral  ami 
regular  orKani/.ition  i>-  arhitra! 
pr(x-eflure : 


1907 

Convention  (I)  for  the  pacific 
settlement  of  international  dis- 
putes.—Signed  at  The  Hague. 
October  18.  1907.' 

His  Majesty  the  German  Em- 
peror, King  of  Prussia;   [etc.]: 
Animated  by  the  sincere  desire   ''"TOMof 

,      ,  ,  Convemioo. 

to  work   for  the  mamtenance  of 
general  peace ; 

Resolved  to  promote  by  all  the 
efforts  in  their  jx)wer  the  friendly 
settlement  of  international  dis- 
putes ; 

Recognizing  the  solidarity  unit- 
ing the  members  of  the  society  of 
civilized  nations ; 

Desirous  of  extending  the  em- 
pire of  law  and  of  strengthening 
the  appreciation  of  international 
justice; 

Convinced  that  the  permanent 
institution  of  a  tribunal  of  arbi- 
tration, ,-icces?ible  to  all.  in  the 
midst  of  independent  J'owprs,  will 
contribute  cffrrtivcly  to  thi~  re- 
sult 

1  laving    rei^ard    lo    the    .ulv.m 
tages    attending    the   {,'ttiiTa!    ,ind 
regular   orgaiii/atioii    of    the    ;  ■.!- 
(.■(•(lure  .if  a rlut ration 


'Italus  iii.l.iat-   .h!T  1. 


'■^  in'^wren   the  t 


IX"*)  and    ]'".)• 


I 


42 


CONV  iiNTlONS  I  OF  ItW  ANU  1907 


ricni-   ■- 

t'  f.ti,irirs. 


1899 
Sharing  llie  ojiinion  of  the  au- 
gust initiator  of  the  International 
Peace  Conference  that  it  is  expe- 
dient to  record  in  .iii  international 
agreement  the  principles  of 
equity  and  n),dit  on  which  arc 
based  the  security  of  Stales  and 
the  welfare  of  peoples; 


I'll  Mit;  df-r.-ii  lit   oiincKidini;  a 

t'i'ir. viniiiii  ;,,  •!  ■    (-ru-.i.havc   -;>- 

pdinlt'd  .;     ill'.  :•  :>  'iiiHitii--     r:    •. 
tu  wit  : 

I  I  icrc  t'lii'iiw  tiic  naiik  -  of 
|)kiii:>(>linii,ii  11-^ 

Who.  I! Iter  .-I'li;;  iiiication  oi 
their  fidl  \"\\i.:  ■.  i'>uiid  in  I'ood 
nnd  dt;e  fonii.  h:i\r  '.'i  erd  "ii  the 
fdllowiiii;   jiiov  i^''  '11-  : 


1907 

Sharing  the  opinion  of  the  au- 
gu^it  iintiator  of  the  International 
Peace  Conference  that  it  is  expe- 
dient to  record  in  an  interna- 
tional agreement  the  principles  of 
eciuity  and  right  on  which  are 
ha^ed  tlic  security  of  States  and 
the  welfare  of  peoples; 

Benig  desirous,  witli  this  object, 
of  insiiniiii  the  better  xcorking  in 
pnu-)uc  of  commissions  of  in- 
(jKtry  and  tribunals  of  arbitrotii  n. 
and  of  fiicilitating  recourse  ir  ••• 
bttration  m  cases  iK'hich  aUo\i.  f 
ci  suiuiitary  procedure : 

Have  deemed  it  nccrssary  .o 
rczise  in  certain  particulars  and 
to  complete  the  ivork  of  the  lirst 
Peace  Conference  for  the  pacific 
settlctncnt  of  international  dis- 
putes; 

Tiic  hitih  contractinij  Parties 
Iiavc  rcsolrcd  to  conclude  a  Hi"ti 
(  oiiveiilinn  for  tht^  purpii^e.  and 
have   ai'iioiiited    the    followiiit;   as 

tlletr    j'K  lli'i'  ilellli.irie-  ; 

[Here  follow  the  name--  of 
[>lenii)OIenti:irie-;.  ] 

W'hf),  after  having  deposited 
tb.eir  full  powers,  fcnind  in  good 
and  di'.e  tnnn,  have  asjn-ed  upon 
the  ffilli'wiiit,' ; 


Tin  (■  I — Hn  liii    M\i-  ;     .  \m 
o;-  Till    CiNl  '  \i    1'     >'  ; 


PaI.T     I-       llif     M  \'\  IfV  VNTI"    OF 

<  i>  \i     \i.  I'i  \i  i: 


.\i>TI(  If    1 


A    iiii.i;  1 


I>:i,  'I'.t 

I,   f'lT:.I:l        I 


itli  a  \;e\'/ 

...ill!..     T-. 


(•!'Vi;ilti:;:.  a-  f.ir  W  iOi  a  '  '•  w  !n  dhviatiiiL,'  a<  far 

f-e   to    force   in       ■.-  |i(i--ihle  v     "iir-e  to  foree  in  the 


I'ACIMC   SI-.TTl-HMENT  OF  INTERNATIONAL  DISPUTES        43 


1899 
tlie  relations  bcivveen  States,  the 
signatory  Pcjwcr-  agrti-  to  use 
their  best  efforts  to  insure  the 
pacilic  settlement  of  international 
liitTcrences. 


1907 

itiatiuns  between  States,  the  con- 
tract iiuj  i'owiTs  agne  to  use  their 
best  elforts  to  injure  the  pacitic 
settlement  or  international  ililler- 
ences. 


Title     1 1.— On    Good    Offices 
AND  Mediation 

Aktule  2 

In  case  of  serious  ilis.ii,'reement 
or  conHict.  before  an  appeal  to 
arm-,  the  si!,'natury  I',  wcrs  ajjrce 
to  have  reconi -c  a^  tar  as  cir- 
cnnislanees  allow,  to  the  .t;(jod 
ofhiv>  or  mei'iation  of  oir-  or 
more   !rien<lK    i'(j\\ir-. 


['AkT       li  (JUUI)        OfKKKS        AM)     '■.,,.  fftcr. 

.111*1  meJiatnir 

MiauAl  ION 

Aktici.i:  2 

In  ca-i-  ui     criou^  (lib.ii'reenu'iu    ■'''  "T'-c  i.. 
or    dispute,    befor-    an    .ippeai    t-     fri^nHiv  i-.  «. . 
arms,     the     t  ^ntnictiiuj      ' 'ower 
a<,'ree  to  have  recourse,  as   far 
circiiiiL-tances   allo\'..   to  the  uoo.l 
offices    ur    mediation    ot    oii^     o'- 
more   friendlv   IVnver, 


A;;TlLi  I     .1 

ll'depetid;  iilly  (jf  tiii.^  recourse. 
tll(  sign.itory  l'(j\\ei-  recoumieiid 
tb.at  one  or  more  I'ower-.  stran 
!,'<  ;  >  tf)  the  (li'-piile,  should,  on 
their  own  miti.itive,  .aid  .i--  f.ir  as 
circumstances  m.i\-  .lilow,  olVer 
iheir  t;ood  offices  or  medi.ition  to 
the  States  .at  \ ariance. 

Power-;,  -i;iiiL,'er-  l"  th'  dis- 
on'e,  h.ne  t!ie  ritrh:  to  olVer  i.'oo  1 
otti.  .  .  I,-'  ,.|,  di.'tion,  eveti  diirini; 
th.    (  oiir-e      •   liiiviJIJtics. 

1  hi-  e\e!i :  -.  .if  this  njit  in 
ne-,e-    be   rei:.i!h   I   bv  o!u    or  the 

'■lller    M'     :!|e    ;,,!-■!;,,    ;„    eolltbet      i  ■- 
.111   ntlflielldb.    ,ict. 


.Aktici.i:   .' 

liide;peiideiitlv  of  this  ricoiir-e     otTrrk    . 
tlie    c'litractnui    Powers    Ueem    •; 
expedient    ,ind   d,-sird'.'h-   that    .me 
or  more   Power-.  -Ir;iii<,'er-  to  riv 
di-|Mire.   -honld.  on   their  own   :n 
ili.'itive     ;i!i.!     :is     t':,:-     .is    circtm;- 
st.mces     may     a.llow ,     otTer    tl  ■  :- 
Koo.l    offiees   or  mediation   to    ib- 
St. He-  at  \;iri;mcc. 

I'owers  str.atiLTcr-  to  the  di-l  iite    ''i-o"».- 
h;i\e  the  riijht  t,.  otYer  ij.  .od  ofi'.i  ^ 
or     viK'di.ition    even    cjurini,'     iIk- 
course  of  ho-tilitie-. 

The  e\erci-e  of  tin-  rii;l;t  can 
never  be  rec.ariied  b\  edbe--  '.\  t!i- 
t\arties  in  di-tnite  .■-  m  nntn^ndn 
act. 


i.lru  t.-;'\   -I.  E 


I 


44 


CONVENTIONS  I  OI"  l.sw  AND  1907 


Function  ot 
nediatur. 


1899 
Article  4 


1907 

Article  4 


The  part  of  the  mediator  con-  The  part  of  the  mediator  con- 
sists ii.  reconcihng  the  opposing  >ists  ni  reconciling  the  opposing 
claims  and  appeasing  the  leelmgs  claims  and  appeasing  the  feciings 
of  resentment  which  may  iiave  of  resentment  which  may  have 
arisen  between  the  States  at  van-  arisen  between  the  States  at  vari- 
ance, ance. 


End  "t  ttipdia 


Article  5 

The  functions  of  ihe  mediator 
are  at  an  enii  when  once  it  is  de- 
clared, either  by  one  of  the  parties 
to  the  dispute,  or  by  the  mediator 
himself,  that  the  means  of  rccon- 
ciliatum  projwsed  l.\  him  are  not 
accepted. 


Article  5 

The  functions  of  the  mediator 
are  at  an  end  when  once  it  is  de- 
clared, either  by  one  of  the  parties 
to  the  dispute  or  by  the  mediator 
himself,  that  the  means  of  recon- 
ciliation propfj^ed  by  hiiu  .ire  not 
accepted. 


.\rticle  6 


Article  6 


Not  1  inding              Good    offices    and    mediation,  Good  offices  and  mediation  un- 

tither  at  the  '-«rquest  oi  the  par-  dertaken  either  at  the  request  of 

ties  at  variance,  or  on  the  initia-  the  jjarties  in  dispute  or  on  the  in- 

tive  of   Powers   stranpers  to   the  itiative  of  Powers  strangers  to  the 

dispute,     have      exclusively      the  dispute  have  exclusively  the  char- 

( li.ir.Kter    of     idvice    and     never  acter  of   advice,  and   never   have 

have  binding  force.  binding  force. 


nni  inlerrui'f 


Article  7 

riu  .iccep'ance  of  mediation 
,ui  not.  unless  there  be  an  agree- 
ment to  the  contrary,  have  the 
effect  of  interrupting,  delaying. 
or  hindcniijf  mobilization  or  other 
nicasiires  of  prefi.Tration  for  war, 
ff  mediation  occurs  after  the 
ronimencement  of  hostilities  it 
cau'-es  nn  interruption  to  the  mil- 
itary  operations   in   protjre^s,  un- 


.■\ktici.i:   7 

The  acceptanci'  of  mediation 
can  not.  unless  there  lie  -in  agree- 
ment to  the  contr  ;ry,  have  the 
effect  of  interrupting,  delating,  or 
hin<iering  mobilization  or  other 
measures  of  jirepara'ion  for  war. 

If  if  takes  place  after  the  com- 
mencement of  hostilities,  the  mili- 
tary operations  in  progress  .ire 
not  intcrruptcil  in  the  absence  of 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        45 


1 

i 

f 


1899 
less  there  be  an  agreement  to  the 
contrar\ 

Article  8 
I'he  stgnatory  Powers  are 
•igrccd  in  recommending  the  ai>- 
phcation,  vvhr-f,  circnnistances 
allow,  of  >j«*ctai  mediation  in  the 
followuig  torn] 

In  ca»e  01  a  venous  ihtTerence 
endangering  the  |,c.uc.  the  States 
at  variance  clujose  respectively  a 
Power,  to  wlioni  tiuy  mtnist  the 
mission  of  entering  into  direct 
coniniiinic.it ion  with  the  Power 
chosen  on  the  other  side,  with  the 
object  of  prevemiii-  the  rujiture 
of  pacific  relation^ 

or  the  [MTiod  of  tins  niaiidal- 
the  term  of   which,  unless  other 
wise    stipnlaicd.    can    not    exceed 
thirty  ilays.  tiie  Slate,  in  conflict 
cease  from  all  direct  coiiinumua 
tion  oil  the  snbiect  of  the  dis|)Ute. 
which     is     ret;;i!ded     as     referred 
exclusively      to      the      niediatiiij,' 
Powers,  who  iiuivi   use  their  best 
efforts  to  settle  it 

In  case  of  a  detinue  rupture  of 
pacit'ic  rei  itions,  these  Towers  ire 
chars,'e  '  with  the  joint  task  nf 
taKing  .idv.intage  of  any  oppor- 
tunity til  restore  fieace 

T.TI.i:      !II-_(lx      l.\TF.l<N\nnNAI. 
(  OM. MISSIONS  OK    l.N'nriK'k 

.•\i-"-ici.F,  y 

In  ditTerence>-  of  an  interna- 
tional    nature     invoUnig    neither 


1907 
an  agreement  to  the  contrary. 

Article  8 
The    contracting    Powers    are   ^i*'"' 

1  medjalion. 

agreed  in  recommending  the  ap- 
plication, when  circumstances  al- 
low, of  special  mediation  in  the 
following  form : 

In  case  of  a  serious  difference  H""""" 
endangering  peace,  the  States  at 
variance  choose  respectively  a 
Power,  to  which  they  intrust  the 
mission  of  entering  into  direct 
communication  with  the  Power 
chosen  on  the  other  side,  with  the 
object  of  preventing  the  rupture 
of  pacific  relations. 

or  the  period  of  this  mandate, 
tile  term  of  which,  unless  other- 
wise stipulated,  can  not  exceed 
:!iirry  days,  the  States  in  dispute 
cea^e  from  all  direct  communica- 
tion on  the  subject  of  the  dispute, 
which  Is  regarded  as  referred  ex- 
clusively to  the  mediating  Powers, 
which  must  use  their  best  efforts 
to  settle  it. 

In  cist  of  a  detinite  rupture  of 
pacific  relations,  these  Powers  are 
charged  with  the  ioint  task  of  tak- 
ing .idvantage  ut  .ny  o|niortnnitc 
to  restore  peace. 


I>irpi  t  inniimi. 
nicali'  11  1.1  cta»e 
I'P! wfcn  .States 
in  ilispute. 


I   It.  Its  I  . 


I'.AKI      ni-  l\Ti:i  N'.-\Tlii\  \!    CoM- 
-MlSSldSS   01     I\ij!-|k  , 

.'\i(Ti<  :  i:  f 

111   disputes  of    ,11   iiitfrTi.itiona; 
n.Uiire     iinolviiif;     neithir     lunio: 


lnve^flKat•  .nn 
(    illl'rT,,,,-,  , 

t  .,,  1,  •  „ 


46 


CON\  KNTIONS  I  OF  1899  AND  1907 


1899 
honor  nor  vital  interests,  and 
arising  from  a  dift'erence  of  opin- 
ion on  ix)ints  of  fact,  the  signatory 
F'owcrs  rt'coninicnd  that  the  par- 
tics,  who  have  not  hccn  able  to 
conic  to  an  agreement  \>\  means 
of  cliplomacy,  should  as  far  as 
circmnstances  allow,  institute  an 
international  commission  of  in- 
quiry, to  facilitate  a  solution  of 
tlu-sc  (litYerences  by  elucidating 
the  facts  by  means  of  an  imjiartial 
and  conscientious  investigation. 


1907 

nor  vital  interests,  and  arising 
from  a  difference  of  opinion  on 
points  of  fact,  the  contracting 
Powers  deem  it  expedient  and  de- 
sirable that  the  parties  who  have 
not  been  able  to  come  to  an  agree- 
ment by  means  of  diplomacy, 
should,  as  far  as  circumstances 
allow,  institute  an  international 
commission  of  inquiry,  to  facili- 
tate a  solution  of  these  disputes 
by  elucidating  the  facts  by  means 
of  an  im{)artial  and  conscientious 
investigation. 


Si'ftial 


Kllil:' 

lMri>  : 


Akticle  10 

The  international  commissions 
[     iiKiuiry     are    constituted     by 

ccial  agreement  between  i\v.: 
irties  in  conflict. 

The  jonviiuion  for  an  inquiry 
iifmes  the   facts  to  be  e.xaiiiineil 

■  1  tb  extent  of  the  comiiits- 
diiei        •owers. 

It  -         >  the  ])rocedure. 

'  '•  inquiry  both  sides  must 


;  1'  111  ,ind  the  periods  to  be 
(II  ■  vi'd,  it  imt  stated  in  the 
iii'lUiiv  Cdiivciitioii.  are  (Icriilcil 
b\-  the  cniiinii-->ion  itself. 


Article  10 

International  commissions  of 
inquiry  are  constituted  by  special 
agreement  between  the  parties  in 
dis])Ute. 

The  iiKiuiry  convention  defines 
the  facts  to  be  examined  ;  it  deter- 
mines the  mode  and  time  in  ziliich 
the  commission  is  to  be  formed 
and  the  extent  of  the  powers  of 
the  commissioners. 

//  also  determines,  if  there  is 
need,  ',>.hrre  the  commission  is  to 
sit.  and  zehether  it  may  rrnuixe  to 
another  f^lace.  the  lanauaoe  the 
commission  shall  use  and  the  lan- 
iliiaties  the  use  «f  7ehich  shiill  be 
,iuthori:,cl  In- fore  it.  as  xecU  as  the 
date  on  -,ehich  each  party  must 
</,-f ■),»■/(  />.v  statement  of  fads,  and, 
'/ivii"  (7\  sf'ea'cin(i.  all  the  condi- 
t:i'n.s  -f:')!  ivhiil:  the  parties  lia:-e 
aorrc:! . 


<.•    p   V>. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  ULM'Ll  l.S        47 


1899 


AuTICl.K    11 


1907 

//  the  parties  consider  it  neces- 
sary to  appoint  assessors,  the 
convention  of  inquiry  shall  deter- 
mine the  mode  of  their  selection 
and  the  extent  of  their  poiuers. 

Akticle  11 

//  the  inquiry  convention  has 
not  determined  idicre  the  com- 
mission is  to  sit,  it  7cill  sit  at  Tlu 
Hague. 

'1  he  place  of  meeting,  once 
fi.ved.  can  not  be  altered  by  the 
commission  except  xcith  the  assent 
of  the  parties. 

If  the  inquiry  convention  has 
not  determined  z^'hat  languages  are 
to  be  employed,  the  question  shall 
be  decided  by  the  commission. 

AkTICl.K    12 


Asscuorl. 


I'lace  of 
mccling,  etc. 


Tlu-    int>Tnati.,naI    r,nmu\.<Hm^  fnl.  >s  an  uiulcrtakuiij  is  iiia.lc 

of     i.u|u,ry     av     t„rnie,i.     niik^s       lu    the    contrary,    coninii.^ions    01 

in.|uir\     ,liall    1)0    formc.l    in    the 


otherwiM'  stiiM-.latfd,  in  the  man- 
ner tisc<l  |jy  A.rticic  M  of  the 
[irc'si'iu  (-■oiiviiUion. 


manner  ilctcrniincd  l>y  Articles 
./.-  and  ■^-  v\  tlie  [ire^-nt  Conven- 
tion. 

Akimi:  \:, 

Mh'iild  one  of  the  c  'uim:.<.u,'n- 
cis  ui-  riie  of  the  d.-:.s,-ssoys.  ,v/;  a,'./ 
there  /  ,•  any.  alhcr  Ji,-,  ,,,•  ,-,  .,,,,„, 
■  ''■  '.■  uiuii'le  f,)  ,:i!y  r.a.\-.'ii  .\ /.a,'- 
e:rr  to  d:.scl:.ir,i,-  /,,.»■  ;/();.,',,:»,,(■, 
/■'a-  .<,ni:,-  [•r.\:iiur,  :s  f.'i'.^;,'  J  t  >r 
■i/';'.;/  //;,■  :\u-  ::',■■:■  ,is  :,,■..,  ■'.■l!,<:,-r,i 
!  •>'  i'!'!\':iit:):,/  Irii: 


HI 


I 


48 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


S^rcial  ag«nu. 


C"(  un»>(  I 


A>M«tiince  I'f 
Intrrnatiiinal 
Bureau. 


K.wi-!.- 


lutlitl' 


1907 
Article  14 

The  parties  are  entitled  to  ap- 
point special  agents  to  attend  the 
commission  of  inquiry,  whose  duty 
it  is  to  represent  them  and  to  act 
as  intermediaries  between  them 
and  the  commission. 

They  are  further  authorised  to 
engage  counsel  or  advocates,  ap- 
pointed by  themselves,  to  state 
their  case  and  uphold  their  inter- 
ests before  the  commission. 

Article  15 

The  International  Bureau  of 
the  Permanent  Court  of  Arbitra- 
tion acts  as  registry  for  the  com- 
missions which  sit  at  The  Hague, 
and  shall  place  its  offices  and  staff 
at  the  disposal  of  the  contracting 
Powers  for  the  use  of  the  commis- 
sion of  inquiry. 

Akticle  16 

//  the  commission  meets  else- 
where than  at  The  Hague,  it  ap- 
points a  secretary  general,  zfhose 
office  serves  as  registry. 

It  is  the  function  of  the  registry, 
under  the  control  of  the  presi- 
dent, to  make  the  necessary 
arrangements  for  the  sittings  of 
the  commission,  the  preparation 
of  the  minutes,  and  -ivhile  the 
in<jutrv  lasts,  for  thr  charge  of 
the  iirchizrs,  which  shall  subse- 
quently be  transferred  to  the  In- 
ternational Bureau  at  The  Hague. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES 


49 


1899  1907 

Article  17 

In  order  to  facilitate  the  conr  Cenetii  rules 
stitution  and  working  of  commis-  "  '"'°"''""*' 
swns  of  inquiry,  the  contracting 
Poivi-rs  recommenu  the  follovAng 
rules,  which  shall  be  applicable 
to  the  inquiry  procedure  in  so  far 
as  the  parties  do  not  adopt  other 
rules. 

AkTICLE    18 

The  commission  shall  settle  the  Further  dtt»,i,. 
details  of  the  procedure  not  cov- 
ered by  the  special  inquiry  con- 
vention  or  the  present  Conven- 
tion, and  ihall  arrange  all  the  for- 
malities required  for  dealing  with 
the  evidence. 

Article  19 

On  the  incjuiry  both  sides  must   Hearing! 
he  heard.' 

At  the  dates  fi.ved,  each  party 
communicates  to  the  commis- 
sion and  to  the  other  party  the 
statements  of  facts,  if  any,  and, 
in  all  cases,  the  instruments,  pa- 
pers, and  documents  zvhich  it  con- 
siders useful  for  ascertaining  the 
truth,  as  well  as  the  list  of  wit- 
nesses and  experts  zvhose  evidence 
it  wishes  to  be  heard. 

Article  20 

The     commission     is    entitled    'hanseof 
u-ith  the  assent  of  the  Pozvcrs.  to   ""''""''"""■ 
'""''<'    temporarily    to    any    place 

'See  Artule  \><  ,„  ,i  p  18%  Cnventin,,.  „.,/,■.  p.  ■)'-,. 


I 


50 


I  ONVKNTIONS  I  OK  Wf)  AM)  l'll7 


1899 


1907 

where  It  ionsidt-rs  it  may  be  useful 
to  Imzc  rccuurst-  Ik  tliis  means 
of  ituiuiry  or  to  srnd  one  or  more 
uf  its  members.  I'ermiinioH  must 
be  obtained  from  the  Stale  on 
uhose  territory  it  is  proposed  to 
hold  the  inquiry. 


Vt«*c\\\.t  at 

ifivi"igaiii«n* 


AkTKI.F.    21 

Every  investigation,  iind  every 
•.ramination  of  a  loailily,  tHUSt  he 
made  in  the  presence  of  the  agents 
and  counsel  of  the  partus  or  after 
Ihex  have  been  dul\  summoned. 


f-j(|>l.iria(i  'tis, 


Akticle  22 

The  commission  is  entitled  to 
,:sk  from  cither  party  for  such  ex- 
planations and  information  as  it 
considers  necessary . 


evili  nil 


Aim  r.iian 
of  WItlll  s- 


Artici.k  12 

The  Powers  in  dispute  engage 
to  siip|)ly  the  intfrnational  coni- 
niission  of  inquiry,  as  fully  us 
they  may  think  possihie,  with  all 
means  and  facilities  necessary  to 
enable  it  to  be  completely  ac- 
(juainted  with  and  to  accurately 
understand  the  facts  in  iiuestiini. 


A  UT 1 1  Lie  2,? 

The  parlies  undertake  to  sup- 
]iiv  the  conimissiu!)  of  imiuiry.  as 
fully  as  liiey  may  think  j)0Ssible, 
with  all  means  and  facilities  neces- 
sary to  enable  it  to  become  com- 
pletely ac(|uainted  with,  and  to 
accur.itely  understand,  the  facts 
in  (juestion. 

They  undertake  to  make  use  of 
the  means  nt  their  dispo.uil,  under 
their  municipal  laii'.  to  in.^ure  the 
.ippearance  of  the  icilnesses  or  ex- 
perts :cho  are  in  their  territory 
and  have  bet'n  siiiinnoned  before 
the  coinmissiiin. 


lALiiic  SI  ni.i'Mi  NT  .»i   :\Ti;K\\ri().\\i.  in-i'i  ii>      51 


1899 


1907 

//  tilt-  z^itncssi's  or  experts  are  i''i">i(i"i 
u>h,l-l,'  !.,  apf.ur  lujvre  the  eom- 
iiiisx:.!!,.  the  f.irttes  .-.■,//  arr,i>i,je 
f'lr  their  eiideuee  to  /.,■  tuken  be- 
fore :he  tiuiilifieJ  i>fi'u:,ils  of  their 
t'leii  eoiDitrw 

Aktii  [.K  24 

lor  all  no!ices  to  fe  served  b\  ^«f>in«n. 
the  iOiiiiHissio.t  III  the  territory  of 
ii  third  loiitraetiiiij  l\neer,  the 
eoiiiHusston  shiitl  ipfly  direet  to 
the  i.,o:;r„,iieiit  of  the  said  i'o:e- 
er.  'J  lie  same  rule  iipflie.i  m  the 
ease  of  stef^s  benuj  takt  n  ,.;;  the 
sfot  to  proeitre  eriu'eiue. 

1  he  re.iuests  for  this  purpose 
lire  to  be  e.veeiiteJ  So  far  as  the 
means  at  the  disposal  of  the 
I'ouer  applied  io  ii.ider  its  tiiunui- 
pal  la-,  allow.  They  eaii  not 
be  rejeeled  unless  the  I'ojeer  m 
iiuestion  eoiisiders  the\  are  eal- 
eulat.d  to  impair  its  soiereujn 
rii/hts  or  its  safet\. 

The  commission  will  equally 
be  always  entitled  to  act  through 
tile  !'.<:,  ei-  on  :ehose  l.i,it,,>y  ,t 
sits. 


Akticlf.  25 

The  witnesses  and  experts  are 
summoned  on  the  request  of  the 
parties  or  by  the  eoiiimission  of 
its  own  motion,  and,  In  e:-erv 
case.  throui;h  the  Government  of 
tlie  Stale  in  wli'\s\-  ternt.^rx  thr\ 
arc. 


*  itnrfcsrs. 


MICROCOPY    RESOLUTION   TEST    CHART 

iANSI  ond  ISO  TEST  CHART  No    2; 


1.0 


I.I 


11.25 


[fiii  Ilia 

^  1^     112.2 


2.0 


1.4 


1.8 


1.6 


^     APPLIED  IM/1GE     Inc 


^•e;  :p8     ')989 

t-a. 

52 


CONVENTIONS  I  OF  1899  AND  1907 
1899 


Hfinnes 


Examinatinn 
of  witnesses. 


Rcstrit'linn 
on  witncshes. 


1907 

The  wuncsscs  are  heard  in  suc- 
cession and  separately,  in  the 
presence  of  the  agents  and  coun- 
sel, and  in  the  order  fixed  by  the 
commission. 

Article  26 

The  examination  of  ■witnesses 
is  conducted  by  the  president. 

The  members  of  the  commis- 
sion may  hozvever  put  to  each 
witness  que.^tijrs  il'/uc/i  they 
consider  likely  to  throw  light  on 
and  complete  his  evidence,  or  get 
information  on  any  point  con- 
cerning the  witness  within  the 
limits  of  what  is  necessary  in 
order  to  get  at  the  truth. 

The  agents  and  counsel  of  the 
parties  may  not  interrupt  the  wit- 
ness when  he  is  making  his  state- 
ment, nor  put  any  direct  question 
to  him,  but  they  may  ask  the 
president  to  put  such  additional 
questions  to  the  zvitness  as  they 
think  expedient. 

Article  27 

The  zvitness  must  give  his  evi- 
der.  without  being  allowed  to 
read  any  zvritten  draft.  He  may, 
hozvever,  be  permitted  by  the 
president  to  consult  notes  or 
documents  if  the  nature  of  the 
facts  referred  to  necessitates  their 
employment. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES       53 


1899 


1907 

Article  28 

A  minute  of  the  evidence  of  the  Transcript 

'  I'f  ivHl-.>iice. 

Witness  ts  dra-wn  up  forthwith  and 
read  to  the  witness.  The  latter 
may  make  such  alterations  and 
additions  as  lie  tliiuks  necessary, 
which  will  be  recorded  at  the  end 
of  his  statement. 

IVhcn  the  whole  of  his  state- 
ment has  been  read  to  the  witness, 
he  is  asked  to  sign  it. 


m 
i'  r 

In 


Article  29 
The  agents  are  authorised,  in  statements 

.,  ,  ,  .  by  agtms. 

the  course  of  or  at  the  close  of 
th>'  inquiry,  to  present  in  ivriting 
to  the  commission  and  to  the 
other  party  such  statements, 
requisitions,  or  summaries  of  the 
facts  as  they  consider  useful  for 
ascertaining  the  truth. 


Article  30 
The   commission    considers   its  Decisions  l 

.    .  comniij^ii  ti 

decisions  in  private  and  the  pro- 
ceedings are  secret. 

All  questions  are  decided  h\  a  ^'"J/'^'f 

•  to  decije. 

majority  of  the  members  of  the 
commission. 

If  a  member  declines  to  vote,   '/"","'!'  °' 

'    (itx'linirig 

the  fact  must  be  recorded  in  the  '"  '•"'^■ 
tninutes. 

Article  31 

The  sittings  of  the  commission   Si"'nsf.etc 

■'  '  -.(It   luhhc. 

are  not  public,  nor  the  minutes 
and  documents  connected  with 
the  inquiry    published    c.vcept    in 


54 


CONVKXTIONS  I  OF  1!<99  AND  1907 


Ttnni.'nti" 
r*  inquiry. 


Rei-crl. 


Kciiiiiw- 
of  repurt. 


1899 


Aktici.i:  1.^ 

The  international  commission 
of  inciuiry  commuiMcates  its  re- 
port to  the  contlictins  Powers, 
signed  by  all  the  memliers  of  the 
coniinis.-iion. 


1907 

lirtuc  of  a  decision  of  the  com- 
mission taken  ivitli  tlw  consent  of 
the  parties. 

AkTiCLi:  v52 

After  the  parties  have  pre- 
sented all  the  exp'anations  and 
evidence,  and  the  i^itnesses  have 
all  been  heard,  the  president  de- 
clares the  inquiry  terminated,  and 
the  commission  adjourns  to  de- 
liberate and  to  drazi'  up  Us  re- 
port. 

AuTicLic  33 

The  report  is  signetl  by  all  the 
members  of  the  commission. 

If  one  of  the  members  refuses 
to  sign,  the  fact  is  inentioiud :  but 
the  -validity  of  the  report  is  not 
affected. 

Aktui.i'.  34 

The  report  of  the  commissit)n 
is  read  at  a  pul'lic  sittiiuj,  the 
agents  and  counse!  of  tlie  parlies 
being  present  or  duly  summoned. 

A  copy  of  the  report  's  given  to 
each  party. 


F.i7c-.t 
of  rci  "Ft. 


Article  14  Article  35 

The  report  of  the  international  The  report  .  t   the  commission 

commission  of  inciuiry  is  limited  is  limited  to  a  statement  of  facts, 

to  a  statement  of   facts,  and  has  and  has  in  no  way  the  character 

in    no   xvav    the   character   of    an  of    an    awar.l.      It   leaves   to   the 

arbitral    award.       It    leaves    the  parlies  entire   freedom   as  to  the 


:m:^. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES       55 


I 
5 


1899 

conflicting  Powers  entire  freedom 
as  to  the  effect  to  be  given  to  this 
statement. 


Title    IV. — On    International 
Akbituation 

Chapter  I. — On  the  System  of 
Arbitration 

Article  15 

Internat'onal  aibitration  has 
for  its  object  tlie  settlement  of 
ditlerences  between  States  by 
judges  of  their  own  clioice,  and 
on  the  basis  of  resiject  for  law. 


1907 

effect    to   be   given    to   the   slite- 
mcnt. 

Article  36 

Each   party   pays   its   oicn    ex-   Expenses. 
pcnses  and  an  equal  share  of  the 
expenses  incurred  by  the  eotnmis- 
sion. 


Part  IV. — International 
Arbitration 


International 
arbitratidn. 


CuAi'TER  1. — The  Systet",  of  Arbi-  i^y"'"'- 
tration 

Article  i? 

International  arbitration  has  for  <J*iJect. 
its   object    the   settlement  of   dis- 
I'Utes  between  States  by  judges  of 
ti;i.ir  own  choice  and  on  the  basis 
of  respect  for  law. 

Recourse  to  arbitration  imiilies   Submission 

^  to  aw.iril. 

an  cn.sragement  to  submit  in  good 
faith  to  the  award.' 


Ai<ricLE  16- 

In  questions  of  a  legal  nature, 
and  especially  in  the  interpreta- 
tion or  application  of  interna- 
tional conventions,  arbitration  is 
recognized  by  the  signatory  Pow- 
ers as  the  most  effective,  and  at 
the  same  time  the  most  equitable, 
means  of  settling  disputes  which 
diplomacy  has  failed  to  settle. 


.\RTici.r-:  38- 

In  (juestions  of  a  legal  nature, 
and  especially  in  the  interpreta- 
tion or  application  of  interna- 
tional conventions,  arbitration  is 
recognized  by  the  contracting 
Powers  as  the  most  effective,  and. 
at  the  same  time,  the  most  equi- 
table means  of  settling  di.-^pntes 
which  dijiloniacy  has  f.iilcd  to 
settle. 

Consequently,   it  zeould   be  de- 


'Cf.  Article  18  of  the  18'»  Convention,  ^■ost.  p.  56. 
-;-c'  the  tuottinte  nn  p  50. 


I,y  f. 


KeciMirse 
to  its  use. 


56 


tONVKNTlONS  I  OF  1899  AND  1907 


lt;99 


Queltions  to 
be  coruidfrei. 


Exttiiiion  "i 
principle 
reserve  1. 


Article  17' 

The  arbitration  convention  is 
concluded  for  questions  already 
existing  or  for  questions  which 
may  arise  eventually. 

It  may  embrace  any  dispute  or 
only  disputes  of  a  certain  cate- 
gory. 

Article  18 

The  arbitration  convention  im- 
plies the  engagement  to  submit 
loyally  to  tlie  award." 

Article  19' 

Independently  of  general  or 
private  treaties  expressly  stipu- 
lating recourse  to  arbitration  as 
obligatory  on  the  signatory  Pow- 
tsTh,  these  Powers  reserve  to  them- 
selves the  right  of  concluding, 
either  before  the  ratification  of 
the  present  Act  or  later,  new 
agreements,  general  or  private, 
with  a  view  to  extending  obliga- 
tory arbitration  to  all  cases  which 
they  may  consider  it  possible  to 
submit  to  it. 


1907 
sirable  that,  in  disputes  about  the 
above-  mentioned  questions,  the 
contracting  Powers  should,  if  the 
case  arose,  have  recourse  to  arbi- 
tration, in  so  far  as  circumstances 
permit. 

.'\eticle  39' 

The  arbitration  convention  is 
concluded  for  questions  already 
existing  or  for  questions  which 
may  arise  eventually. 

It  may  embrace  any  dispute  or 
only  disputes  of  a  certain  cate- 
gory.' 


Article  40' 

Independently  of  general  or  pri- 
vate treaties  expressly  stipulat- 
ing recourse  to  arbitration  as  obli- 
gatory on  the  contracting  Powers, 
the  said  Powers  reserve  to  them- 
selves the  right  of  concluding  new 
agreements,  general  or  particu- 
lar, with  a  view  to  extending 
compulsory  arbitration  to  all 
cases  wnich  they  may  consider  it 
possible  to  submit  to  it. 


'See  the  reservations  of  Rouiiiania  respecting  Articlis  16.  17  and  19  of  tlie  1899 
Convention  an'l  the  corresponding  artick-s  of  the  1407  Convention,  post,  pp.  82,  86. 
=Chde  also  made  a  reservation  respec!inK  Article  .59,  /><■.((,  p.  86. 
3Cf.  Article  il ,  paragraph  2,  of  the  1907  Convention,  ante,  p.  Sa. 


PACIFIC  SETTLEMKNT  OF  INTKRXATIOXAL  DISPUTES 


57 


1899 
Chapter  11.— On  the  Permanent 
Court  of  Arbitration 

Akticlf.  20 

With  the  object  of  facihtating 
an  immediate  recourse  to  arbitra- 
tion for  international  differences, 
which  it  has  not  been  possible  to 
settle  by  diplomacy,  the  signa- 
tory Powers  undertake  to  organ- 
ize a  Permanent  Coait  of  Arbi- 
tration, accessible  at  all  times 
and  operating,  unless  otherwise 
stipulated  by  the  parties,  in  ac- 
cordance with  the  rules  of  pro- 
cedure inserted  in  the  present 
Convention. 


Chapter 


1907 

U.—Tlie 


Article  21 

The  Permanent  Court  shall  be 
competent  for  all  arbitration 
cases,  unless  the  parties  ajjrce  to 
institute  a  special  tribunal. 

Article  22 


An  International  Bureau,  estab- 
lished at  The  Hague,  serves  as 
record  office  for  the  Court. 

This  Bureau  is  the  channel  for 
communications  relative  to  the 
meetings  of  the  Court. 

It  has  the  custody 
archives  and  conducts 
administrative  business. 


of 
all 


the 
the 


Permanent  f|ermiMnt 

/"  .       .      .    ,  .  .  Court  ot 

Court  of  Arbitration  Arbitrailoa 

Article  41 

With    the   object   of    facilitating    Maintenance 

an  immediate  recourse  to  arbitra-  '"'"  '"' 
tion  for  international  differences, 
which  it  has  not  been  possible  to 
settle  by  diplomacy,  the  contract- 
ing Powers  undertake  to  main- 
tain the  Permanent  Court  of  Ar- 
bitration, as  established  by  the 
First  Peace  Conference,  accessible 
at  all  times,  and  operating,  unless 
otherwise  stipulated  by  the  par- 
ties, in  accordance  with  the  rules 
of  procedure  inserted  in  the  pres- 
ep   Convention. 


Article  42 

The  Permanent  Court  is  compe-  Authority. 
tent  for  all  arbitration  cases,  un- 
less the  parties  agree  to  institute 
a  special  tribunal. 

Article  43 

The   Permanent   Court  sits  at  Location. 
The  Hague.' 

An  International  Bureau  serves  int.mationai 
as  registry  for  the  Court.  It  is  I'urrose,  etc. 
the  channel  for  communications 
relative  to  the  meetings  of  the 
Court;  it  has  charge  of  the  ar- 
chives and  conducts  all  the  ad- 
ministrative business. 


Kf.  Article  25.  paragraph  1,  of  the  1899  Convo 


ntion.  f'ost.  p.  61. 


r*^ 


58 


CONVENTIONS  I  OF  1899  AND  1907 


Awirds  of 
tnttiinals. 


of  awartls. 


1899 

The  signatory  i'owcrs  under- 
take to  cuninnniicate  to  the  Inter- 
national liureau  at  The  Hague  a 
(hily  certiiied  copy  of  any  con- 
ditions of  arbitration  arrived  at 
between  them,  and  of  any  award 
concerning  them  dehvered  by 
special  tribunals. 

They  undertake  also  to  commu- 
nicate to  the  Bureau  the  laws, 
regulations,  and  documents 
eventually  shdvving  the  execution 
of  the  awards  given  by  the  Court. 


1907 

The  contracting  Powers  under- 
take to  comnmnicate  to  the  Bu- 
reau, as  soon  as  l^ossiblc,  a  certi- 
fied coi'y  of  any  conditions  of  ar- 
bitration arrived  at  between  them 
and  of  any  award  concerning 
them  delivered  by  a  special  tri- 
bunal. 

They  likewise  undertake  to 
communicate  to  the  Bureau  the 
laws,  regulations,  and  documents 
eventually  showing  the  execution 
of  the  awards  given  by  the  Court. 


Seltcli'>ii 

ol  art'ilral.  rs 


List  it  infinlnr- 


n-ar; 


in  toniini'ti. 


Article  23 

Within  the  three  months  fol- 
lowing its  ratitication  of  the  pres- 
ent .\ct,  each  signatory  Power 
shall  select  lour  jiersons  at  the 
most,  of  known  competency  in 
(lucstiiitis  of  international  law, 
01  the  highest  moral  rejjut;  lion, 
anil  tlisjiosed  to  accept  the  duties 
of  arbitrators. 

The  person^  thus  selected  shall 
lie  inscribed,  as  members  of  the 
Court,  in  a  list  which  shall  be 
notitied  by  the  Bureau  to  all  the 
signatory  Powers. 

Any  alteration  in  the  list  of 
arbitrators  is  brought  by  the 
Bureau  to  the  knowledge  of  the 
signatory  Powers. 

Two  or  more  Powers  may  agree 
on  the  selection  in  common  of  one 
or  more  members. 

The  same  person  can  be  selected 
by  difTerent  Powers. 


AkTicLii  44 

Each  contracting  Power  selects 
four  persons  at  the  most,  of 
known  competency  in  tiuestions 
of  international  law,  of  the  high- 
est moral  reputation,  and  dis- 
posed to  accept  the  duties  of  ar- 
bitrator. 


The  [lersons  thus  selected  are 
inscribed,  as  members  of  the 
Court,  in  a  list  which  shall  be  no- 
lilied  to  all  the  contracting  Pow- 
ers by  the  Bureau. 

Any  alteration  in  the  list  of 
arbitrators  is  brought  by  the 
Bureau  to  the  knowledge  of  the 
contracting  Powers. 

Two  or  more  Powers  may  agree 
on  the  selection  in  common  of  one 
or  more  members. 

The  same  person  can  be  se- 
lected by  different  Powers. 


PACIFIC  SETTLKMKNT  OF  INTERNATIONAL  UISPL'Tl-S        59 


1899 
ri.i'  mtnibcrh  ut  tiif  Court  are 
ai)iH)iiited  iov  .1  term  of  six  years, 
i  luir    api'oiiitiiKiits    can    be    re- 
newed. 

In  case  of  the  deatli  or  retire- 
ment (if  a  member  of  the  Court, 
his  place  shall  be  tilled  in  accord- 
ance with  the  method  of  his 
appointment. 


Amkli;  24 

W  hen  the  signatory  i'owers  de- 
sire to  have  recourse  to  the  Per- 
manent Court  for  the  settlement 
of  a  difference  that  has  arisen  be- 
tween them,  the  arbitrators  called 
upon  to  form  the  competent 
tribunal  to  decide  this  ditTerence 
must  be  chosen  from  the  ^'cneral 
list  of  members  of  the  Court. 

Failing  the  direct  agreement  of 
the  parties  on  the  composition  of 
the  arbitration  trii)unal,  the  fol- 
lowing course  shall  be  pursued: 

I'^ach  party  a])points  two  arbi- 
'r.  tors,  and  these  togethe.-  choose 
an  imipire. 


I  f  the  votes  are  equal,  the  choice 
of  the  umpire  is  intrusted  to  a 
third  Power,  selected  by  the  |)ar- 
ties  by  common  accord. 


i  Bianctra. 


1907 

The  members  of  the  Court  aro    i^""' 
ajiponited  tor  a  term  ot  six  years. 
Ihese    apponitments    are    renew- 
able. 

Should  a  meiuber  of  the  Court 
die  or  resign,  the  same  procedure 
is  followeil  for  idling  the  v.icancy 
as  was  followed  for  apjiuinting 
him.  Jh  this  case  the  a[<point- 
iiiciit  is  made  for  a  fresh  period  uf 
six  years. 

AkTici.i:  45 


Pcwcrs  to 
fhiiose  trilmr.ai 


When  the  contracting  Powers 
wish  to  have  recourse  to  the  Per- 
manent Court  for  the  settlement 
of  a  difference  which  has  arisen 
between  them,  the  arbitrators 
called  upon  to  form  the  tribunal 
with  jurisdiction  to  decide  this 
difference  nuist  be  chosen  from 
the  general  list  of  members  of  the 
Court. 

F.uling    the    direct    agreement   .',,''.''','''' "' 
of  the  parties  on  the  composition 
of    the    arbitration    tribunal,    the 
following    course    shall    be    jnir- 
sued : 

F.ach  jiarty  ap])oints  two  ar- 
bitrators, of  ivhom  one  only  can 
be  its  national  or  chosen  from 
among  the  persons  selected  b\  it 
as  mcinhrrs  of  the  Perwanrnt 
Court.  These  arbitrators  together 
choose  an  umpire. 

If  the  votes  are  equally  divided, 
the  choice  of  the  umpire  is  in- 
trusted to  a  third  Power,  selected 
by  the  parties  by  cunimun  accord. 


cliff 


of  si'i  .Irate 
arl'itratMrs. 


(fl 


CDNVKNTIONS  I  Ot-   18'W  AM)  I'W 


Selection  by 
vthtT  ri»wtT> 


I>et<rrniinaliun 
cif  iiml'irc 
in  iii-c*  I'f 
ilnaKTt— iiM  111. 


to  lliir.,! 


Notificalinn 

lonrlii1i.it    r- 


Mcetinc  of 

Inl.iir.a). 


Diiilon-Ti 
|iri>ili>:i- 


1899 

If  an  a>;rccmci)t  is  not  arrived 
at  on  tills  >uliji.ct,  cacli  party  >e- 
Iccts  a  ilitkri'Mt  Tower,  anil  tiic 
liioicc  of  tiic  umpire  is  made  in 
concert  by  tlie  i'owers  tlni> 
"iciccted. 


1  he  tribunal  being  thus  com- 
l)o>ed.  the  parties  notify  to  the 
Bureau  their  determination  to 
have  recourse  to  the  Court  and 
the  nanie>  of  tiie  arbitrators. 


'i'he  tribunal  of  arl)itration  as- 
sembles on  the  date  fixed  bv  the 
parties. 

The  members  of  tlie  Court,  in 
the  discharfje  of  their  duties  and 
out  of  their  own  countr}-,  enjoy 
diplomatic  i  rivilejjes  and  immu- 
nities. 


1907 

If  an  agreement  is  not  arrivtul 
at  on  this  subject  each  party 
selects  a  ililferent  I'ower,  and  liie 
choice  of  the  umpire  is  made  iii 
concert  by  the  Towers  tluis  se- 
lected. 

//,  icithiii  l;co  moittlis'  time, 
titcst'  t;c<)  I'oxirrs  can  not  loiiic 
to  an  aijrii-mcnt,  each  of  them 
presents  tieo  candidates  taken 
from  the  list  of  >neml>ers  of  the 
Permanent  Court,  excliishe  of 
the  members  selected  by  the  far- 
ties  and  not  beinij  nationals  of 
either  of  them.  Draxviiuj  lots 
determines  which  of  the  candi- 
dates thus  presented  shall  be 
umpire. 

.■\RTicr,i-:  46 

The  tribunal  being  thus  com- 
posed, the  ])arties  notify  to  the 
Bureau  their  determination  to 
have  recourse  to  the  Court,  the 
te.vt  of  their  cnmpromis,  and  the 
names  of  the  arbitrators. 

The  Bureau  communicates  unth- 
out  delay  to  each  arbitrator  the 
compromis.  and  the  names  of  the 
other  members  of  the  tribunal. 

The  tribunal  assembles  at  the 
date  fi.xed  by  the  parties.  The 
Hnreau  makes  the  necessary  ar- 
rangements for  the  meeting. 

The  members  of  the  tribunal. 
in  the  exercise  of  their  duties  and 
out  of  tli'jir  own  coimtry,  enjoy 
diplomatic  ])rivilcges  and  immu- 
nities. 


PACII  IC  Sl'TTMCMKNT  OF  INTF.RNATlONAL  I)ISI'UTl;.S 


61 


1899 

AKiui.ii  25 

riic  ttil)uiial  ul  arliitralioii  has 
its  (jnliiiary  scat  at  The  Hague.' 

l.xci'iJt  ill  cases  of  necessity, 
tlie  |>lace  of  session  can  only  be 
altered  hy  the  trilni-.al  with  the 
assent  of  the  parties. 

AkTicLi;  26 

The  Iiitertiatiuiial  Hureau  at 
I  he  Ha^jiie  is  authorizeil  to  place- 
its  premises  and  its  stati"  at  the 
disposal  of  the  si^'natory  Powers 
for  the  operations  of  any  special 
hoard  of  arhitration. 

The  jurisdiction  of  the  Perma- 
nent Court,  may,  within  the  con- 
ditions laid  down  in  the  regula- 
tiiin-,  lie  extended  to  disputes 
between  non-sif;natory  Powers, 
or  between  siijnatory  Powers  and 
non-si,t;natory  Powers,  if  the  par- 
ties are  agreed  on  recourse  to 
this  tribunal. 

AuTicr.E  27 

The  sisn.itory  Powers  consider 
it  their  duty,  if  a  .serious  di.spute 
threatens  to  break  out  between 
two  or  more  of  them,  to  remind 
these  latter  that  the  Permanent 
Court  is  open  to  them. 

Consequently,  they  declare  that 
the  fact  of  remindinsr  the  con- 
fl-'ctinjj  parties  of  the  provisions 
of    the   present    Convention,   and 


1907 


Article  47 

The    Hureau    is    authorized    to    !,,,',",[.,','""*'' 
])lace  its  ofticcs  and  staff  at  the   '■••"'»" 
disposal  of  the  contracUiuj  Pow- 
ers   for   the    use   of    any    special 
board  of  arbitration. 

The  jurisdiction  of  the  Perma-  iximH  r,  i., 
ncnt  C  irt  may,  within  the  con-  i'ng  IvT^ls '' 
dition  aid  down  in  the  regula- 
tions, be  extended  to  disputes 
between  non-contractimj  Powers 
or  between  contracting  Powers 
and  non-contracting  Powers,  if 
the  parties  are  agreed  on  recourse 
to  this  tribunal. 

Articli;4>*= 

The    contract! luj    Po  .ers    .  i.  .in, 

sider  it   their   duty,   if  a    senc.  ' '" 

dispute    threatens    to    bp  ik    -  i- 
between  two  or  nore  of  them. 
remind  these  latter  that  the  T 
manent  Court  is  open  to  thin 

Consequently,  they  declare  tr  "a 

the  fact  of  reminding  the  pa^tu 
at  variance  of  the  provisions  o* 
the  present   Convention,  and   the 


'Cf.  .Article  43.  paraRraph  I.  of  the  1907  Convention,  ante.  p.  S7 
^^^See  the  reservation  of  the  United  States  on  the  subject  ,.f  this  article,  post. 


62 


(  i)N\  (•Mli'NS  I  f)l    IM'W  AND  VA)7 


Ollir    !•! 
.irliitrilinn 


N..tKr  I 
(,(i,,T   I'lmrr 


liinhiNt     iiitcii  'l>  111      |iiaii',     to 

li.ur    uiuviiM    td  till'    I'l  riii.iiu'iit 

(  (iiiit,   (.'.ill    only  Ik-    ri'n.iitlcd   as 
iritmllv  actiiiiis. 


1899  1907 

lla-  :i'lvn.i-  14UIII  III  tliiiu,  in  the      ailviii-  j;mii  lu  ihiiii,  in  tlic  IukH- 

1^1  iiiliTi^t-.  Ill  |Kan',  ti)  li.ivc  ic- 
itnir^f  In  till'  I'liiiiaiiciit  (.ouit, 
laii  unly  lie  ii>;ariiiil  as  friiiully 
ai  tiDiii. 

In  CIS,-  of  disf'uli-  bt-lu'fcn  two 
I'dicrrs,  iDii'  ('/  tlu'in  can  nhvays 
address  to  llii  liilirnatioihil  Bu- 
reau (1  M<'/('  coHttiiniiKj  a  declara- 
tion that  it  would  hi'  ready  to  sub- 
mit the  disj^ute  to  arl>itration. 

The  lUireau  must  at  once  in- 
form the  other  Power  of  the  dec- 
laration. 


\jii 


riistraluc 

.il 


liincti'^ns. 


AuTRLi:  28 

A  lViiiKiiii.nt  Atlministrative 
I  ouncil,  cuiniioscd  oi  the  ihplo- 
niatic  icprocntativcs  of  the  sig- 
natory I'owcrs  accredited  to  1  lie 
Hague  and  of  the  Xeihcrland 
Minister  for  Foreign  Al'fairs,  who 
will  aot  as  president,  shall  be 
instituted  in  this  town  as  soon  as 
possible  after  the  ratification  of 
the  present  Act  by  at  least  nine 
Powers. 

This  Council  will  be  charged 
with  the  establishment  and  organ- 
ization of  the  International  Bu- 
reau, which  will  be  under  its  di- 
rection and  control. 

It  will  notify  to  the  F'owers  the 
constitution  of  the  Court  and 
will  provide  for  its  installation. 

It  will  settle  its  rules  of  pro- 
cedure and  all  other  necessary 
regulations. 


VKTU-ta    49 

The  Per.iianent  Administrative 
Council,  coiii])osed  of  the  diplo- 
matic represent:itives  of  the  con- 
tracting Powers  accredited  to  The 
Hague  and  of  the  Netherland 
Minister  for  [-"oreign  Afi'airs,  who 
will  act  as  president,  is  charged 
witli  the  direction  and  control  of 
the  International  Rurean. 


The  Council  settLs  its  rules  of 
proce<lure  and  all  other  necessary 
regulations. 


PACII  IC  Sn-TflMI  NT  or  INTf-RNATIONAI.  LISI'l    II  S 


(,i 


1»99 

It  vmII  (UchIc  all  <)instiuiis  of 
ailiiimiMtalioii  which  may  ari>e 
with  irj,'.inl  t.)  the  operations  of 
the  (  otiit. 

Il  will  h,ae  tiilirc  control  over 
liic  aiiponitnient,  •.usiKn>ion  or 
ilisini>sal  01  the  ofiici.il,  .md  em- 
ployes of  the    liuieau. 

It  will  fix  the  i-ayments  and 
salaries,  and  control  the  ^jeneral 
e.\|ienditnre. 

At  Mieetin;;s  duly  summoned 
the  ()revence  of  five  memhers  is 
snftirient  to  remler  valid  the  dis- 
cussions of  the  (  otmcil.  The 
decisions  a'e  taken  In  a  majoritv 
of  votes, 

I  lie  (  oiiiicil  communicates  to 
tlie  sii,Miatory  I'owers  without 
delay  the  rej,'ulations  adopted 
liy  it.  It  furnishes  them  with  an 
annual  report  on  the  labors  of 
tin-  CViurt.  the  working;  of  the 
administration,  and  the  exi>enscs. 


Aiarcr-F.  29 

The  exjjenses  of  the  Bureau 
shall  be  borne  by  the  signatory 
Powers  in  the  proportion  fixed 
for  the  International  Bureau  of 
•he  Universal  I'ostal  Unimi, 


1907 

It  dfciJt-s  all  i|ueslions  of  ;id- 
niinistration  .vjiich  may  ari^-.  with 
re^'ard  to  the  (ipeialioiis  of  the 
Court. 

It  luis  entire  control  over  the 
appointment.  susiHr.,ion,  or  dis- 
missal of  the  officials  and  em- 
ployes of  the  Bureau. 

It  fixis  the  payments  an<l  sala- 
ries, and  controls  the  tjeneral  ex- 
penditure. 

At  meetings  duly  sunimoiied  vjn'Tum,  cu. 
the  iiresence  of  iiiui-  members  is 
suHieient  to  r  ■nder  valid  the  dis- 
cussions of  the  Council.  The  dc- 
UMons  are  taken  by  a  majority  nf 
voles. 

I  he    Council  communicates    to    i'^":'! ""  "-. 
the    ioittriutiiiij    I'owers    without 
delay  the  rcjjulations  adupteil  by 
It.    It  furnishes  them  witji  an  an 
nual  report  on  the  labors  of  the    ^"naai  rq.ort. 
Court,  the  working  of  the  admin- 
istration,    and     the     expenditure. 
The    ri-f<ort    likcu'lsc    coirtaiiis    a 
ri'sunii-   of  u'liat   is  imp,)rtai>t  in 
the   documents   communicated   to 
the  Bureau  by  the  Pouers  in  vir- 
tue  of  Article    /,',    paragrafhs    s 
and  4. 

Aktici.f:  50 

The    expenses    of    the    Bure.iu    '  "'i'^"'"- 
shall  be  borne  by  the  c^'ntrtulii,,/ 
Powers  in  the  proportion  fixed  for 
the    Interiuiioiial    Hure.in   of   the 
Universal  Postal  Uiiioti. 

■'he  (-xf'eiises  to  l-e  chnrqed  to 
f'.e  adh-i'.iuj  I'ourrs  shall  be  reck- 


64 


CONVENTIONS  1  OF  1899  AND  1907 


1899 


1907 

oned  from  the  dale  on  which  their 
adhesion  comes  into  force. 


rrnccdure. 


General  rules. 


Compromis. 
Contents. 


Furlficr 
conditions. 


Chapter  III. — On  Arbitral  Pro- 
cedure 

Article  30 

With  a  view  to  encourage  the 
development  of  arbitration,  the 
signatory  Powers  have  agreed  on 
the  following  rules  which  shall 
be  applicable  to  arbitral  proce- 
dure, unless  other  rules  have  been 
agreed  on  by  the  parties. 

Article  31 

The  Powers  who  have  recourse 
to  arbitration  sign  a  special  t 
(compromis),  in  which  the  sub- 
ject of  the  difference  is  clearly 
defined,  as  well  as  the  extent  of 
the  arbitrators'  powers.  This  i.ct 
implies  the  undertaking  of  the 
parties  to  submit  loyally  to  the 
award.* 


CiiAi'TEK  III. —  Arbitration 
Procedure 

Article  51 

With  a  view  to  encouraging  the 
development  of  arbitration,  the 
contracting  Powers  have  agreed 
on  the  following  rules,  which  are 
applicable  to  arbitration  proce- 
dure, unless  other  rules  have  been 
agreed  on  by  the  parties. 

Article  52 

The  Powers  which  have  re- 
course to  arbitration  sign  a  com- 
promis, -n  which  the  subject  of 
the  dispute  is  clearly  defined,  the 
time  allozved  for  appointing  arbi- 
trators, the  form,  order,  and  time 
in  zMch  the  communication  re- 
ferred to  in  Article  6j  must  be 
made,  and  the  amount  of  the  sum 
which  each  party  must  deposit  in 
adzance  to  defray  the  expenses. 

The  compromis  likczcise  de- 
fines, if  there  is  occasion,  the  man- 
ner of  appointing  arbitrators,  any 
special  powers  which  may  eixntu- 
ally  belong  to  the  tribunal,  where 
it  shall  meet,  the  language  it  shall 
use,  and  the  languages  the  em- 
ployment of  71'hich  shall  be  author- 
ised before  it,  and.  generally 
speaking,  all  the  conditions  on 
zchich  the  parties  are  agreed. 


>Cf.  Article  .^7,  paragraph  2,  of  the  1907  Cnnvcntion.  ante.  p.  55. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES       65 


M 
il 


1899 


1907 

Article  53' 

The  Permanent  Court  is  compe-   Scttitmtntby 
tent  to  settle   the   compromis,    tf  '■'"■'"■ 
the  parties  are  agreed  to  have  re- 
course to  it  for  the  purpose. 

It  is  similarly  competent,  even  R''ii'f'it«  i.y 
if  the  request  is  only  made  by  one 
of  the  parties,  -u'hen  all  attempts 
to  reach  an  understanding  through 
the  diplomatic  channel  have 
failed,  in  the  case  of — 

/.  A  dispute  covered  b\  a  acn-   "'^pu'cs  mider 

^-.„J      J         ^  /■  .  •  •'J  artiitration 

cral  treaty  of  arbitration  con-  're^ties. 
eluded  or  renezird  after  the  pr,s- 
ent  Convention  has  come  into 
force,  and  providing  for  a  com- 
promis in  all  disputes  and  not 
cither  explicitly  or  implicitly  ex- 
cluding the  settlement  of  the 
compromis  from  the  competence 
of  the  Court.  Recourse  can  not,  i'^"i'"'n. 
hozvever,  be  had  to  the  Court  if 
the  other  party  declares  that  in  its 
opinion  the  dispute  docs  not  be- 
long to  the  category  of  disputes 
li'hich  can  be  submitted  to  compul- 
sory arbitration,  unless  the  treaty 
of  arbitration  confers  upon  the  ar- 
bitration tribunal  the  pozver  of  de- 
ciding this  preliminary  question. 

2.  A  dispute  arising  from  con-  t'ontract  .kbt-. 
tract  debts  claimed  from  one 
Pozver  by  another  Pozecr  as  due  to 
its  nationals,  and  for  the  settle- 
ment of  zi'hich  the  offer  of  arbitra- 
tion has  been  accepted.  This 
arrangement  is  not  applicable  if 
acceptance  is  subject  to  the  eondi- 


!) 

;-*| 


<  I 


'See  the  rcsorvaliciis  cf  lliii  :inioIo.  /■,).(,'.  p.  85.  ct  .r,-ij. 


l^^SSP'^'T 


66 


CONVENTIONS  1  OF  1899  AND  1907 


1899 


1907 

tion   that   the   cotnpromis  should 
be  settled  in  some  other  way} 


Selection  of 
commission. 


Selecltnn  of 
arbitrators. 


nisaBrccincr.'.'. 


Article  32 

The  duties  of  arbitrator  may 
be  conferred  on  one  arbitrator 
alone  or  on  several  arbitrators 
selected  by  the  parties  as  they 
j)lease,  or  chosen  by  them  from 
the  members  of  the  Permanent 
Court  of  Arbitration  established 
by  the  present  Act. 

[•"ailing  the  constitution  of  the 
tribunal  b\-  direct  agreement  be- 
tiveen  the  jjarties,  the  following 
course  shall  be  pursued  : 

Each  jxirty  api)oints  two  arbi- 
trators, and  these  latter  together 
choose   an   umpire. 

In  case  of  eijual  voting,  the 
choice  of  the  umpire  is  intrusted 
to  a  third  Power,  selected  by  the 
])arties  by  common  accord. 

If  no  agreement  is  arrived  at 
on  tliis  subject,  each  jiarty  selects 
a  diiTerent  Power,  and  the  choice 
of  the  uiii]>ire  is  made  in  concert 
bv  the  Powers  thus  selected. 


Article  54* 

In  the  cases  contemplated  in 
the  preceding  article,  the  com- 
promis  shall  be  settled  by  a  com- 
mission consisting  of  five  mem- 
bers selected  in  the  manner  ar- 
ranged for  in  Article  45,  para- 
graphs J  to  6. 

The  fifth  member  is  president 
of  the  commission  ex  officio. 

Article  55 

The  duties  of  arbitrator  may  be 
conferred  on  one  arbitrator  alone 
or  on  several  arbitrators  selected 
by  the  parties  as  they  please,  or 
chosen  by  thein  from  the  mem- 
bers of  the  Permanent  Court  of 
Arbitration  established  by  the 
present  Convention. 

Failing  the  constitution  of  the 
tribunal  by  direct  agreement  be- 
tween the  parties,  the  course  re- 
ferred to  in  Article  /5,  paragraphs 
5  /()  n,  is  followed. 


'Sic  the  ri^ervatinn  of  tlie  Dnminic.in  Republic  to  Convention  II,  f'nst.  p.  93. 
-iMp.in  made  rcsi-rvation  of  Article  54. 


l!?S»V.?*:«^?»L^5^r.."air'  ^^--•L'-^m. 


aKWstTM'TiJ'.v 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES 


0/ 


1899 
Article  33 

When  a  sovereign  or  the  chief 
of  a  State  is  chosen  as  arbitra- 
tor, the  arbitral  procedure  is  set- 
tled by  him. 

Article  34 

The  umpire  is  by  right  presi- 
dent of  the  tribunal. 

\\'hen  the  tribunal  does  not 
include  an  umpire,  it  appoints 
its  own  president. 


1907 

Article  56 

When  a  sovereign  or  the  chief   Arhiir.ition  by  i 

°  sovereign,  etc 

of  a  State  is  chosen  as  arbitrator, 
the  arbitration  procedure  is  set- 
tled by  him. 

Article  57 

The  umpire  is  president  of  the  ^f",;|; 
tribunal  ex  officio. 

When  the  tribunal  does  not  in- 
clude an  umi)ire,  it  appoints  its 
own  president. 


lit 

jtial. 


I 


Article  35 

In  case  of  the  death,  retire- 
ment, or  disability  from  any  cause 
of  one  of  the  arbitrators,  his 
place  shall  be  filled  in  accordance 
with  the  method  of  his  appoint- 
ment. 

Article  36 

The  tribunal's  place  of  session 
is  selected  by  tlie  parties.  Fail- 
ing this  selection  the  tribunal 
bits  at  The  Ilaffuc. 


Article  58 

ll'hni  the  comproinis  is  set- 
tled by  a  cotitmissioii,  as  contem- 
plated in  Article  57,  and  in  the  ab- 
sence of  an  agreement  to  the  con- 
trary, the  commission  itself  shall 
form  the  arbitration  tribunal. 

Article  59 

Sliould  one  of  the  arbitrators 
either  die,  retire,  or  be  unable  for 
any  reason  whatever  to  discharge 
his  functions,  the  same  procedure 
is  followed  for  tilling  the  vacancy 
as  was  followed  for  appointing 
him. 

Article  60 

The  tribunal  sits  at  The  Hague, 
unless  some  other  place  is  se- 
lected by  the  parties. 

The  tribunal  can  only  sit  in  the 
territory  of  a  third  Pozcer  zvith 
the  latter's  consent. 


Tribunal  t  -rn.i  <! 
by  c<>nimis?ii.u. 


68 


CONVKNTIONS  1  OK  1899  AND  1907 


Scltcti.in 
of  lang'.iaRi-, 


1899  1907 

The  place  thus   fixed  can  not,  The  place  of  niecling  once  fixed 

except    in    case   of    necessity,   be  can  not  be  altereil  by  the  tribunal, 

changed   by   the   tribunal  without  except    with    the   consent    of    the 

the  assent  of  the  ,    :  '  -s  parties. 

AUTICLE  61 

//  the  question  as  to  n'hat  Ian- 
(juaijes  are  to  be  used  has  not 
been  settled  by  the  coinprowis,  it 
shall  be  decided  bv  the  tribunal.' 


ARtnt^. 


Counsel 


R-estriition  ^'n 
iremhers  oi 
I'lriraiunt 
Court. 


Article  37 

The  parties  have  the  right  to 
appoint  delegates  or  special  agents 
to  attend  the  tribunal,  for  the  pur- 
pose of  serving  as  intermediaries 
between  them  and  the  tribunal. 

They  are  further  authorized  to 
retain,  for  the  (K  I'ense  of  their 
rights  and  interests  before  the 
tribunal,  counsel  or  advocates  ap- 
jKiinted  by  them  for  this  purpose. 


Akticll  C2 

The  parties  are  entitled  to  ap- 
point special  agents  to  attend  the 
tribunal  to  act  as  intermediaries 
between  themselves  and  the  tri- 
bunal. 

'i'hey  are  further  authorized  to 
retain  for  the  defence  of  their 
rights  and  interests  before  the 
tribunal  counsel  or  advocates 
appointcil  by  themselves  for  this 
purpose. 

The  members  of  the  Permanent 
Court  may  not  act  as  aijents, 
counsel,  or  adzvcates  e.\xept  on 
behalf  of  the  Power  which  ap- 
pointed them  members  of  the 
Court. 


Akticlk  38 

The  tribunal  deeitles  on  the 
cIkmcc  of  languages  to  be  used 
by  itself,  and  to  be  authorized 
fur  use  before  it.- 


Ti.  Article  ,iS  nf  tin-  18<<9  Convention,  iiifrn. 
2Ct.  .\rticlc  61  lit  tlic   1107  Convention,  supra. 


PACIllC  SETTLEMENT  OF  INTERNATIONAL  DLSrU'l  KS        69 


ft 
<1 


1899 
Article  39 

As  a  general  rule  the  arbitral 
procedure  comprises  two  distinct 
phases :  preliminary  examination 
and  discussion. 

Preliminary  examination  con- 
sists in  the  communication  by  the 
respective  agents  to  the  members 
of  the  tribunal  and  to  the  oppo- 
site party  of  all  printed  or  written 
acts  and  of  all  documents  contain- 
ing the  arguments  invoked  in  the 
case.  This  communication  shall 
be  made  in  the  form  and  within 
the  periods  fixed  by  the  tribunal 
in  accordance  with  Article  49. 


1907 

Akticlf.  63 


Discussion  consists  in  the  oral 
development  before  the  tribunal 
of  the  arguments  of  the  parties. 


Article  40 

Every  document  produced  by 
one  party  must  be  communicated 
to  till.'  other  party. 


Procedure. 


As  a  general  rule,  arbitration 
procedure  comprises  two  distmct 
phases :  pleadings  and  oral  dis- 
cussions. 

The  pleadings  consist  in  the  '''"''"■''> 
communication  by  the  respective 
agents  to  the  members  of  the  tri- 
bunal and  the  opposite  partv  of 
cases,  counlcr-cascs,  and,  if  nec- 
essary, of  rcl^liis;  the  parties  an- 
nex thereto  all  papers  and  docu- 
ments called  for  in  the  case.  This 
communication  shall  be  made 
cither  directly  or  through  the  in- 
termediary of  the  International 
Bureau,  in  the  order  and  within 
the  time  fi.xed  by  the  cotn- 
pro  mis. 

The  time  fixed  J>y  the  com- 
proinis  may  be  extended  by  mutual 
agreement  by  the  parties,  or  by 
the  tribunal  tc'/uH  the  latter  con- 
siders it  necessary  for  the  purpose 
of  reaching  a  just  decision. 

The  discussions  consist  in  the 
oral  development  before  the  tri- 
bunal of  the  arguments  of  the 
parties. 

Article  64 
A  certified  cop\  of  everv  docu-   i-'o-'-anscof 

'  •  -  documents. 

nient  produced  by  one  party  must 
he  communicated  to  tli"  other 
party. 


Kxtension 
of  time. 


Oral 
discussions. 


70 


CONVENTIONS  I  OF  1899  AND  1907 


Mrrtinti  of 
tribunal. 


1899 


1907 
Article  65 

'J'llcss  special  circumstances 
arise,  the  tribunal  does  twt  meet 
until  the  pleadings  arc  closed. 


^^isc^l'^^i" 


Piihlii 


Ktcr.l. 


Aktille  41 

'Ihe  discussions  are  under  the 
direction  of  the  president. 

They  arc  only  pubhc  if  it  be  so 
decided  by  the  tribunal,  with  the 
assent  of  the  parties. 

They  arc  recorded  in  the  proces- 
verbaux  drawn  up  by  the  secre- 
taries ajipointed  by  the  president. 
These  procesverbaux  alone  have 
an  authentic  character. 


Article  66 

The  discussions  are  under  the 
control  of  the  p.osident. 

They  are  only  public  if  it  be  so 
decided  by  the  tribunal,  with  the 
assent  of  the  parties. 

They  are  recorded  in  minutes 
drawn  up  by  the  secretaries  ap- 
pointed by  the  president.  These 
minutes  are  signed  bv  the  presi- 
dent and  by  one  of  the  secretaries 
and  alone  have  an  authentic 
character. 


Limiting 


Article  42 


Article  67 


When   the   prehminary   exanii-  After  the  close  of  the  pleadings, 

nation  is  concluded,  the  tribunal  the  tribunal  is  entitled  to  refuse 

has  the  right  to  refuse  discussion  discussion  of  all  new   papers  or 

of  all   fresh  acts     or    documents  documents  which  one  of  the  par- 

which   one    party    may    desire   to  ties    may    wish    to    submit    to    't 

submit  to  it  without  the  consent  without  the  consent  of  the  other 

of  the  other  party.  party. 


.■\dnii*..si"r 
new  c\  i'!r 


Article  43 

The  tribunal  is  free  to  take 
into  consideration  fresh  acts  or 
documents  to  which  its  attention 
may  be  drawn  liy  the  agents  or 
coinisel  of  the  parties. 

In  this  case,  the  tribunal  has 
the  right  to  require  the  produc- 
tion of  these  acts  or  documents. 


Article  68 

The  tribunal  is  free  to  take  into 
consideration  new  papers  or  docu- 
ments to  which  its  attention  may 
be  drawn  by  the  agents  or  counsel 
of  the  parties. 

In  this  case,  the  tribunal  has 
the  right  to  require  the  production 
of  these  papers  or  documents,  but 


PACIFIC  SKTTI.EMENT  OF  INTKRNATIONAL  DISPCTl-S 


"1 


1899 

but    is    obliged    to    make    them 
known  to  the  opposite  party. 

Article  44 

The  tribunal  can,  besides,  re- 
quire from  the  agents  of  the  par- 
ties the  production  of  all  acts, 
and  can  demand  all  necessary 
explanations.  In  casf  of  refusal, 
the  tribunal  takes  note  of  it. 

Article  45 

The  agents  and  counsel  of  the 
parties  are  authorized  to  present 
orally  to  the  tribunal  all  the  ar- 
guments they  may  think  expedi- 
ent in  defense  of  their  case. 

Article  46 

They  have  the  right  to  raise 
objections  and  points.  The  de- 
cisions of  the  tribunal  on  those 
points  are  final,  and  can  not  form 
the  subject  of  any  subsequent 
discussion. 


1907 
is  obliged  to  make  them  known  to 
the  opposite  party. 

Article  69 
The   tribunal  can,  besides,   re-  P/"<iuction 

*  of  ail  papers. 

quire  from  the  agents  of  the  par- 
ties the  production  of  all  papers, 
and  can  demand  all  necessary 
explanations.  In  case  of  refusal 
the  tribunal  takes  note  of  it. 


Article  70 

The  agents  and  the  counsel  of 
the  parties  are  authorized  to  pre- 
sent orally  to  the  tribunal  all  the 
arguments  they  may  consider 
expedient  in  defense  of  their  case. 

AviTICLE  71 

They  are  entitled  to  raise  ob- 
jections and  points.  The  decisions 
of  the  tribunal  on  these  points  are 
final  and  can  not  form  the  subject 
of  any  subsequent  discussion. 


Oral  arsuir.ciiis 


Decisions  final. 


Article  47 

The  members  of  the  tribunal 
have  the  right  to  put  questions  to 
the  agents  and  counsel  of  the  par- 
ties, and  to  demand  explanations 
from  them  on  doubtful  points. 

Xeither  the  questions  put  nor 
the  remarks  made  by  members  of 
the  tribunal  during  the  discus- 
sions can  be  regarded  as  an  ex- 
pression  of   opinion   by   the   tri- 


Article  72 
The   members   of    the   tribunal  P""'".on' 

by  arbitratora 

are  entitled  to  put  questions  to 
♦he  agents  and  counsel  of  the  par- 
ties, and  to  ask  them  for  explana- 
tions on  doubtful  points. 

Xeither  the  questions  put.  nor 
the  remarks  made  by  members  of 
the  tribunal  in  the  course  of  the 
discussions,  can  be  regarded  as 
an  expression  of  opinion  by  the 


72 


LOW  KNTIONS  I  Ol-   ISW  AND  1907 


Competence 

(if  tnlmnal. 


S(>ccial  rules. 


1899 
bunal  in  general,  or  by  its  nieni- 
Ijors  in  particular. 

AuTICLE  48 

The  tribunal  is  authorized  to 
declare  its  competence  in  inter- 
preting; the  coniproniis  as  well  as 
the  other  treaties  which  may  be 
invoked  in  the  case,  and  in  apply- 
ing the  principles  of  international 
law. 

Article  49 

The  tribunal  has  the  right  to 
issue  rules  of  procedure  for  the 
conduct  of  the  case,  to  decide  the 
forms  and  periods  within  which 
each  party  must  conclude  its  ar- 
guments, and  to  arrantje  all  the 
formalities  required  for  dealing 
with  the  evidence. 


1907 

tribunal  in  general  or  by  its  mem- 
bers in  particular. 

Aktkle  7i 

The  tribunal  is  authorized  to 
declare  its  competence  in  inter- 
preting the  compromis,  as  well  as 
the  other  papers  and  documents 
which  may  be  invoked,  and  in  ap- 
plying the  principles  of  law. 

Article  74 

The  tribunal  is  entitled  to  issue 
rules  of  procedure  for  the  conduct 
of  the  case,  to  decide  the  forms, 
order,  and  time  in  which  each 
party  must  conclude  its  argu- 
ments, and  to  arrange  all  the  for- 
malities required  for  dealing  with 
the  evidence. 


Information  to 
be  furnished. 


Article  75 

The  parties  undertake  to  sup- 
ply the  tribunal,  as  fully  as  they 
consider  possible,  u'ith  all  the  in- 
formation required  for  deciding 
the  case. 


Serving  notice  in 
other  countries. 


Article  76 

For  all  notices  which  the  tri- 
bunal has  to  seme  in  the  territory 
of  a  third  contracting  Power,  the 
tribunal  shall  apply  direct  to  the 
Government  of  that  Poiver.  The 
same  rule  applies  in  the  case  of 
steps  being  taken  to  procure  evi- 
dence on  the  spot. 


'^^^-^S^li 


m^rr^w^'-r 


PACiriC  SETTLKMF.NT  OF  INTKRNATIONAL  DISPLTF.S        71 


1899 


1907 

The  requests  for  this  purpose 
are  to  be  executed  as  far  as  the 
means  at  the  disposal  of  the 
Power  applied  to  under  its  munic- 
ipal law  allow.  1  hey  can  not  be 
rejected  unless  the  Poivcr  in  ques- 
tion considers  them  calculated  to 
impair  its  own  sovereign  rights  or 
its  safety. 

The  Court  will  equally  be 
always  entitled  to  act  through  the 
Poicer  on  whose  territory  it  sits. 


Aktici.k  50 

When  ihc  agents  and  counsel 
of  tlic  paitii-s  liave  .submitlcd  all 
ex])laiiatiuns  and  evidence  in 
sujjport  of  their  case,  the  presi- 
dent pronounces  the  discussion 
closed. 

Akticle  51 

The  deliberations  of  the  tribu- 
nal take  place  in  private.  Every 
decision  is  taken  by  a  majority 
of  members  of  the  tribunal. 


The  refusal  of  a  member  to 
vote  must  be  recorded  in  the 
nroces-verbal. 


AuTici.E  77 

When  the  aj,'ents  and  counsel  of   Iii'^c'u.m'o, 
the  parties  have  subnntted  all  the 
e.\i)lanations  and  evidence  in  sup- 
port  of   their  case  the   president 
shall  declare  the  discussion  closed. 

AkTICLK  78 

The   tribunal  considers  its  de-   .'l^la.r'"  "■■" 
cisions  in  private  and  the  proceed- 
ings remain  secret. 

All  questions  are  decided  bv  a    '•'ai'Ti'y 
majority  of  the  members  of  the 
tribunal. 


Article  52 


Article  79 


The  award,  given  by  a  major-  The  award  must  <,'ive  the  rca- 

ity  of  votes,  is  accompanied  by  a  sons  on  which  it  is  based.    It  con- 

statemcnt  of  reasons.    It  is  drawn  tains  the   names   of   the    art'itra- 

up  in  writing  and  signed  by  each  tors;  it  is  signed  by  the  president 

member  of  the  tribunal.  and  registrar  o-  by  the  secretary 

Those  members  who  are  in  the  acting  as  registrar. 


Statpmci-t 
of  award. 


'^W?rM 


^S?^ 


.^Mr^Kir 


74 


CONVKNTIONS  I  OF  1899  AND  1907 


Announccnirm. 


1899 
minority  may  record  their  dissent 
wlicn  signing. 

Article  S3 

The  award  is  read  out  at  a  pub- 
lic meeting  of  the  tribunal,  the 
agents  and  counsel  of  the  parties 
being  i)resent,  or  duly  summoned 
to  attend. 


1907 


Article  80 


The  award  is  read  out  in  pub- 
lic sitting,  the  agents  and  counsel 
uf  the  parties  being  present  or 
iluly  summoned  to  attend. 


I'inahty. 


Disputff  ri< 
inter]  rctati 


Kil! 

'it 

-  I 

rtvi 

"" 

'H. 

Cr  > 

■HI 

r!s 

for 

lie 

rnai^  ', 

Article  54 

The  award,  duly  pronounced 
and  notified  to  the  agents  of  the 
parties  at  variance,  jnits  an  end  to 
the  dispute  definitively  and  with- 
out api)eal. 


AkTICLK  55 

The  parties  can  reserve  in  the 
conipromis  the  right  to  demand 
the  re\i>i(in  of  the  award. 

In  this  case,  riiul  unless  there 
I)e  an  agreement  to  the  con- 
trary, tliL-  demand  must  be  ad- 
dressed to  the  tribunal  which 
pronounced  the  award.  It  can 
only  be  made  on  the  ground  of 
the  discovery  of  some  new  fact 
cilculated  to  exercise  a  decisive 
influence     on     the     award,     and 


Article  81 

The  award,  duly  pronounced 
and  notified  to  the  agents  of  the 
I)arties,  settles  the  dispute  defin- 
itively and  without  appeal. 

Article  82 

Auy  dispute  arising  hchvccn  the 
parties  as  to  the  interpretation  and 
execution  of  the  ax^'ard  shall,  in 
the  absence  of  an  agreement  to  the 
contrary,  be  submitted  to  the  tri- 
bunal Xi'hich  pronounced  it. 

Article  83 

The  parties  can  reserve  in  the 
conipromis  the  right  to  demand 
the  revision  of  the  award. 

In  this  case  and  unless  there  be 
an  agreement  to  the  contrary,  the 
demand  must  be  addressed  to  the 
tribunal  which  pronounced  the 
awanl.  It  can  only  be  made  on  the 
ground  of  the  discovery  of  some 
new  fact  calculated  to  exercise  a 
decisive  influence  upon  the  award 
and  which  was  unknown  to  the  tri- 


«v-  :'*"«rc^'i*"-^ii%::'  3-9: 


PACIl  IC  SETTLKMKNT  Ol-   INTERNATIONAL  DISPUTES        75 


1899 
which,  at  the  time  the  discussion 
was  closed,  was  uiikiiovvii  to  the 
tribunal    and    to    the    party    dc- 
niandinj,'  the  revision. 

l'rocee(hnKS  for  revision  can 
only  he  instituted  hy  a  decision 
01  the  tribunal  expressly  record- 
ing tile  existence  of  the  new  fact, 
recognizin),'  in  it  the  character 
described  in  the  fore^joinjj  para- 
graph, and  declarinj;  the  demand 
admissible  on  this  ^nound. 

The  comproniis  lixes  the  period 
within  which  the  demand  for  re- 
vision must  be  made. 


1907 
bunal  and  to  the  party  which  de- 
manded  the  revision  at   the  time 
the  discussion  was  closed. 

Proceedings  for  revision  can  I'foccti.tm, 
only  be  instituted  by  a  decision 
of  the  tribunal  expressly  record- 
injj  the  existence  of  the  new  fact, 
recojjnizini;  in  it  the  character 
described  in  the  |)recedintj  para- 
f^raph,  ;ind  (kclarinj,'  the  demand 
admissible  on  this  pround. 

The  comproniis  fixes  the  period 
within  wiiicli  the  demand  for  re- 
vision must  be  made. 


I.iinttat. 


Akticlk  56 

The  award  >-  nly  binding  on 
the    jiarties  concluded    the 

comproniis. 

\\  hen  there  is  a  question  of  in- 
terpreting a  t'onvention  to  which 
Powers  oilier  than  those  con- 
cerned in  the  dispute  are  parties, 
the  latter  notify  to  the  former  the 
com])ri)niis  they  have  concluded. 
Each  of  these  Powers  has  the 
right  to  intervene  in  the  case.  It 
one  or  more  of  them  avail  the.n- 
selve.s  of  thi:  ri,i,'lit,  the  interpreta- 
tion contained  in  t'.ic  award  is 
equally  binding  on  them. 


.\kticli;  84 

The  .award  is  not  binding  ex-    I'l^'ii-si.. 
ce[)t  on  the  i)art'cs  ik  dispute. 


'be  internre-    Kii;ht  of -1' 


W  hen  it  c 
tation  of  a  Conv  .  which   "■"■• 

Powers   other  than   u  in   dis- 

;aite  are  parties,  they  sh...l  inform 
all  the  signatory  Powers  in  good 
tiiiw.  I'.ach  of  these  Powers  is 
entitled  to  intervene  in  the  case. 
If  one  or  more  avail  themselves 
of  this  right,  the  interpretation 
contained  in  the  a\v-.-  .'d  is  eijually 
binding  on  them. 


AuTici.i:  57 


AkTicr.K  S5 


Each   party   jiays   its   own    ex-  Each    partv   pays    its   own   ex-   KTrii-i-., 

penses    and    an    equal    share    of     penses  and  an  c  |ual  share  of  the 
those  of  the  tribunal.  expenses  of  the  tribunal. 


i 


ft 


.'«r^«  ;?*s"^  4 


76 


(  i)N\  I  NTIONS  I  Ol    iw;  AM)  l'X)7 


1899 


Siinunarv 
4rhifr;tti -n 


mary  frnti 


1907 

LiiArxEK    1\'. — Arbitration    by 
Summary  I'roicdurc 

Article  86 

With  a  iit'ii'  to  facilitating  the 
working  of  the  system  of  arbitra- 
tion Id  dis(<utcs  admitting  of  a 
summary  procedure,  the  contract- 
ing Po-u'ers  adopt  the  following 
rules,  which  shall  be  observed  in 
the  absence  of  other  arrangements 
and  subject  to  the  reservation  that 
the  proiisions  of  Chapter  III  ap- 
ply so  far  as  may  be. 


Article  87 

Each  of  the  parties  in  dispute 
appoints  an  arbitrator.  The  two 
arbitrators  thus  selected  choose  an 
umpire.  If  they  do  not  agree  on 
this  point,  each  of  them  proposes 
two  cand'dates  taken  from  the 
general  list  of  the  members  of  the 
Permanent  Court  exclusive  of  the 
members  appointed  by  either  of 
the  parties  and  not  being  nationals 
of  either  of  them;  -which  of  the 
candidates  thus  proposed  shall  be 
the  umpire  is  determined  by  lot. 

The  umpire  presides  over  the 
tribunal,  li'hich  gives  its  decisions 
by  a  majority  of  votes. 


S.ihTllissi 

of  cas?^. 


Article  88 

In  the  absence  of  any  prez'inus 
agreement  the  tribunal,  as  snon  as 
it  is  formed,  settles  the  time  7vith- 


.  '^n^s^smo^' 


PA(.II'1C  SKTri.lMIM-  (11    INTI-RWTION'AL  DlSI'lil  S        77 


1899 


1907 
n\  hhuli  till'  tii'i)  ['iirtiis  must  sul>' 
nut  their  ri'sf-dtizi-  cases  to  it. 


Aktk  I.K  'o9 

luiih  [<orty  is  rifrrseiiti'd  before   •^n'^"" 
the    tribuiHil    by    an    aijeiit,    Ji/iti 
serines    as    intermediary    between 
the    tribunal    and     the    Govern- 
ment ii'/io  appointed  liim. 

AuTui.i;  90 
The  proceedinii.i  are  conducted  ^"»-"<i<"it>  < 

'  '  I'C  III  U  ri'li:« 

e.veliisiiely  in  i^riluuj.  l-.aeh  party, 
hoxveier,  is  entitled  to  ask  that 
ivitnesses  and  e.iptrts  should  be 
called.  'I'lie  tribunal  //.  ,v,  for  its 
Part,  the  right  to  demand  oral  "■■«' 
explanations  from  the  ai/ents  of 
the  t~ii'o  parties,  as  xeell  as  from 
the  experts  and  zi'itnesses  who-ie 
appearance  in  Court  it  may  con- 
sider useful. 


GlCNEKAL  PuOVlSlONS 


Part  V. — I'inai.  I'iuvisions 

AuTicLi:  91 

The  present  C'<in:e)ilion,  duly 
ratified,  shiill  replace,  as  I'etzeeen 
the  contractiiiij  Po7eers,  the  Con- 
tention for  the  pacific  settlement 
of  international  disputes  of  the 
jQth  July.  iSq(). 


I  tiriTicr  I  I  ti'. 
II. -n  ri-;!.-u  cii 


Aktici.f.  58 

The  jiieseiit  Conveiilioii  shall 
be  ratified  as  specilily  as  possihle. 

The  ratifications  shall  be  <le- 
Dositcd  at  The  Hague. 


Al;TICl,K  92 

Till-    present    ronvciition    shall   i^.i'ifi  aii  ■n. 
be  ratitu'd  as  soon  as  pos^ililc. 

The    ratification-    shall    be    de-  '"•i  <;'''  'X 

1 1  ('  HaKue. 

posited  at  The  Hague. 


:i^mm* 


'M^^^' 


./5'S«'ii"''j*i 


m 


78 


CONVENTIONS  I  OF  1899  AND  1907 


Certified  ci) 
to  IViwers. 


1899 
A  ptocc's-verhal  shall  be  drawn 
up  recording  the  receipt  of  each 
ratitication,  and  a  copy  duly  cer- 
tilicd  shall  be  sent,  through  the 
diplomatic  channel,  to  all  the 
Powers  who  were  represented  at 
the  International  Peace  Confer- 
ence at  The  1  lague. 


1907 

The  first  deposit  of  ratifications 
shall  be  recorded  in  a  proces-ver- 
bal  signed  by  the  representatives 
of  the  Powers  iMch  take  part 
therein  and  by  the  Netherland 
Minister  for  foreign  Affairs. 

The  subsequent  deposits  of 
ratifications  shall  be  made  by 
means  of  a  written  notification, 
addressed  to  the  Netherland  Gov- 
ernment and  accompanied  by  the 
instrument  of  ratification. 

A  duly  certified  copy  of  the 
proccs-verhal  relative  to  the  first 
deposit  of  ri.tifications.  of  the 
notifications  mentioned  in  the 
preceding  paragraph,  and  of  the 
instruments  of  ratification,  shall 
be  immediately  sent  by  the  Neth- 
erland Government,  through  the 
diplomatic  channel,  to  the  Pozcers 
invited  to  the  Second  Peace  Con- 
ference, as  Tcell  as  to  those  Pozeers 
U'hich  have  adhered  to  the  Con- 
vention. In  the  cases  contem- 
plated in  the  preceding  paragraph, 
the  said  Government  shall  at  the 
same  time  inform  the  Pozcers  of 
the  date  on  :ehicli  it  received  the 
notification. 


AkTRi.i.  59 


.\..n- 


ot  ititeiil. 


Akticli;  93 


'1  he  non-signatory  Powers  who  Xon-signaton,-     Powers     which 

were   reprevented  at  the   Interna-  have  been   invited  to  the  Second 

tional   Peace  Conference  can  ad-  Peace  Conference  may  adhere  to 

here   to   the   present   Convention,  the  present  Convention. 

For  this  jinrposL-  tlicy  must  make  The  Pozocr  which  desires  to  ad- 

Icnown  their  adhesion  to  the  con-  here  notifies  its  intention  in  writ- 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES       79 


1899 
trading  Powers  by  a  written  noti- 
fication addressed  to  the  Nether- 
land  Government,  and  communi- 
cated b)  it  to  all  the  other  con- 
tracting Powers. 


1907 

ing  to  the  Nethcrland  Govern- 
ment, fonvarding  to  it  the  act  of 
adhesion,  which  shall  be  deposited 
in  the  archives  of  the  said  Govern- 
ment. 

This  Government  shall  imme-  Communication 

...  to  other 

diatcly  forzcard  to  all  the  other  i"o»crs. 
Powers  invited  to  the  Second 
Peace  Conference  a  duly  certified 
copy  of  the  notification  as  well  as 
of  the  act  of  adhesion,  mentioning 
the  dote  on  idiicli  it  received  the 
notification. 


Article  60' 

The  conditions  on  which  the 
Powers  who  were  not  represented 
at  tiie  International  Peace  Con- 
ference can  adhere  to  the  present 
Convention  shall  form  the  sub- 
ject of  a  subsequent  agreement 
among  the  contracting  Powers. 


Article  94 
The    conditions    on    which    the   Adhc.nrf  by 

.  '>lher  I  owcrs. 

Powers  wiiich  have  not  been 
invited  to  the  Second  Peace  Con- 
ference may  adhere  to  the  present 
Convention  shall  form  the  subject 
of  a  subsequent  agreement  be- 
tween the  contracting  Powers. 


Article  95 

The  present  Convention  shall 
take  effect,  in  the  case  of  the 
Poicers  which  were  not  a  partv  to 
the  first  deposit  of  ratifications, 
sixty  days  after  the  date  of  the 
proces-verbal  of  this  deposit,  and, 
in  the  case  of  the  Pozeers  which 
ratify  subsequently  or  which  ad- 
here, si.vty  days  after  the  notifica- 
tion of  their  ratification  or  of  tl'.eir 

■lor  tlic   protocl   cslaLli-liin-.   as   rcRanls   the   Powits   imrepr.'.vntol   at   the 
1-irst   lonttT.-nrr.   tli>^   >i,..,!e  ,,f   a.lh.-^n    -  ,   this   C^  ::iv.  nt;.  .11.   ?'c  a,.:e,   p.    nx;x. 


r:T.rt..f 
ratisicati.'H 


i 


1  i~ 


80 


CONVKNTION'S  I  Ol'  1899  AND  1907 
1899 


1907 

adhesion  lias  bt'iit  received  by  the 
N ctherland  Government. 


rJenunciati^n. 


NiMifvim; 
Powtr  en 
aJTectfl. 


Akticlk  61 

In  the  event  of  one  of  the  high 
contracting'  Parties  denouncing 
tile  present  Convention,  this  de- 
nunciation would  not  take  effect 
until  a  year  after  its  notitication 
made  in  writing  to  the  Xether- 
land  Government,  and  by  it  com- 
municated at  once  to  all  the  other 
contracting  Towers. 

This  denunciation  shall  only 
affect  the  notifying  Power. 


AkTICLli  96 

In  the  event  of  one  of  the  con- 
tracting Pollers  zcishiuj  to  de- 
nounce the  present  Convention, 
the  denunciation  sliall  be  notified 
in  writing  to  the  Netherland  Gov- 
ernment, jK'hich  shall  immediately 
conmiunicaio  a  duly  certified  copy 
of  the  not'  ication  to  all  the  other 
Powers  forming  them  of  the 
date  on  Kliieh  it  zcas  received. 

The  denunciation  shall  only 
have  efifect  in  regard  to  the  noti- 
fying Power,  and  one  year  after 
the  notification  has  reached  the 
Netherland  Gozervment. 


Ktour  ..f 


hi    faith  of  which  the  plenipn- 
lentiaries  liave  ?igmd  tlic  present 


Akticlf.  97 

.-/  register  kept  by  the  Nether- 
land Minister  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit 
of  ratifications  effected  in  virtue 
of  Article  ()2.  paragraphs  _?  and  4. 
as  leell  as  the  date  on  tehich  the 
notifications  of  adlusion  (Article 
9?,  paragraph  i")  or  of  denuncia- 
tion {Article  g6.  paragraph  i) 
hare  been  received. 

Each  contracting  Power  is  en- 
titled to  have  access  to  this  regis- 
ter and  to  he  .■supplied  tciV/i  duly 
certified  extracts  from  it. 

In  faith  whereof  the  plenipo- 
tentiaries   have    appended    their 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES 


81 


1899 

Convention  and  affixed  their  seals 
to  it. 

Done  at  The  Hague,  the  29th 
July,  1891>,  in  a  single  copy,  which 
shall  remain  in  the  archives  of 
the  Xetherland  Government,  and 
conies  of  it,  duly  certitied,  be  sent 
through  the  diplomatic  channel  to 
the  contracting  Powers. 

[Here  follow  signatures.] 


1907 

signatures  to  the  present  Conven- 
tion. 

Done  at    The  Hague,  the  li^jtli  ^/i"""„,, 

o       '  of  original. 

October,  li^oj,  in  a  single  copy, 
wliich  shall  remain  dei)osite(l  in 
the  archives  of  the  Xetherland 
Government,    and    dulv    certitied  <  <"'''>;'i  ^oi -ei 

^  to   Powers- 

copies    of    which    shall    be    sent, 

through    the    diplomatic    channel, 

to  the  contracting  Powers. 

[Here  follow  signatures.] 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  1899  Convention  was  ratified  by  all  the  signatory  Powers  on 
dates  indicated : 

Austria-Hungary    September  4,  1900 

Be!   umi    September  4,  1900 

Bu      :  ia  Sei)tember  4,  1900 

Chma   November  21,  1904 

Denmark    September  4,  1900 

France    September  4,  1900 

Germany    September  4,  1900 

Great  Britain September  4,  1900 

Greece    April  4,  1901 

Italy    September  4,  1900 

Japan    October  6,  1900 

Luxemburg    July  12,  1901 

Mexico    April  17,  1901 

Monten.gro    October  16.  1900 

Netherlands   September  4,  1900 

Norway (  Sec  Sweden  .-ind  Xorway.) 

Persia    September  4,  19r)0 

Portugal   September  4.  1900 

Roumania    September  4.  1900 

Russia    September  4.  19(X) 

Serbi:i    M.,v    11.  1^01 


^A'-f'iA  ■; 


82 


C<)X\I",\T'()NS  1  OF  1899  AND  190? 


Siam   September  4,  1900 

Spain    September  4,  1900 

Sweden  and  Norway  September  4,  1900 

Switzerland    December  29,  1900 

Turkey    June  12,  1907 

United  States   September  4,  1900 

Adhesions: 

Argentine  Republic June  15,  1907 

Bolivia    June  15,  1907 

Brazil    June  15,  1907 

Chile   June  15,  1907 

Colombia   June  15,  1907 

Cuba   June  15,  1907 

Dominican   Republic    June  15,  1907 

Ecuador    July  3,  1907 

Guatemala    June  15,  1907 

Haiti    June  15,  1907 

Nicaragua    June  15,  1907 

Panama   June  15,  1907 

Paraguay    June  15,  1907 

Peru    June  15,  1907 

Salvador    June  20,  1907 

Uruguav    June  17,  1907 

Venezuela    June  15.  1907 

Rrscyrations:^ 
Roumania 

Under  the  reservations  formulated  with  respect  to  Articles 
U\  17  and  19  oi  the  present  Convention  (15,  16  and  18  of  the 
project  presented  by  the  committee  on  examination),  and 
recorded  in  the  procrs-zrrbnl  of  the  sitting  of  the  Third 
Commission  of  July  20,  1899.' 

Exlracl  from  the  proci^s-verbal: 

The  Iviyal  Ciovcrmnent  of  Rniimania  bcitiR  completely  in 
favor  of  the  principle  of  fiicullativc  arbit-ati'>n.  of  which  it  appre- 
ciates the  great  importance  in  international  relations,  ncverthe- 


'All  these  reservations  were  made  at  signature. 
-Rescr.atiniis  maintained  at  ratification. 


-■'\% 


■  »>-A 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        83 

less  does  not  intend  to  undertake,  by  Article  15,  an  engagement 
to  accept  arbitration  in  evcr>'  case  ti.ere  provided  for,  and  it 
believes  it  ought  to  form  express  reservations  in  tliat  respect. 

It  can  not  therefore  vote  for  t'  »  article,  except  under  that 
reservation. 

The  Kijyal  Government  of  Roumania  declarer  that  it  :an  not 
adhere  to  Article  16  except  with  the  express  reservation,  entered 
in  the  proces-vcrbal,  that  it  has  decided  not  to  accept,  in  any 
casL'.  an  international  arbitration  for  disagreements  or  disputes 
previous  to  the  conclusion  of  the  present  Convention. 

The  Royal  Government  of  Roumania  declares  that  in  ad- 
hering to  .Article  18  of  the  Convention,  ii  makes  n<>  ent;agement 
in  regard  to  obligatory  arbitration.' 


m 


Sertiia 

L"nder  the  rcservatioii.s  recorde<l  in  the  proccs-vcrbal  of  the 
Third  Commission  of  July  20,  1899.' 

Extract  from  the  froccs-verbal: 

In  the  nanie  ni  the  Royal  flovernment  of  Serbia  we  have  the 
honor  to  declare  that  our  adoption  of  the  principle  of  good 
ofliccs  and  mediation  does  not  imply  a  recognition  of  the  right 
of  third  States  to  use  these  means  except  with  the  extreme  re- 
serve which  proceedings  i't  this  delicate  nature  require. 

We  do  not  admit  L;ood  otSces  and  mediation  except  on  con- 
dition that  their  character  of  purely  friendly  counsel  is  main- 
tained fully  and  completely,  and  we  never  could  accept  them 
in  forms  and  circumstances  such  as  to  impress  upon  them  the 
character  of  intervention.^ 


"urkey 

Vn 

sitt 


(ler   reservation   of  the   declaration   made   in   the   plenary 
ing  of  the  Conference  of  July  25.  1899. 

Extract  from  the  frc^ccs-verbal: 

Tne  Turkish  ilelegation,  considering  that  the  work  of  this 
Cnnfercnce  has  been  a  work  of  high  loyalty  and  humanity, 
destined  solely  to  assure  general  peace  by  safeguarding  the  in- 
terests and  the  rights  of  each  one,  declares,  in  the  nnme  of  its 
Government,  that  it  adheres  to  the  project  just  adopted,  on  the 
following   conditions  : 

1.  It  i^  formally  understood  that  recourse  to  ijood  ■)tTii-es 
and    mediation,    to    commissions    of    inquiry    anil    arlitration    is 


'Declarati'in    if  Mr.  T'.eldiman      J'r,u\s--i 
-'ReservatM  ns  niiintained  at  ratitication. 
^neelarati.'ii  I'l    .Mr,   Mi>  at.  .Mt'h.     Pr.ccf 


rl-au.r.  pt.  iv,  p.  48. 
zciliiux.  pt,  iv,  p.  47 


i 


.Si 


84 


t'oNVKNTlONS  I  Ol"  1899  AND  1907 


pun  ly  faiultativc  and  could  not  in  any  case  assume  an  obligatory 
charactir    or    degenerate  inli>  intirvontion  ; 

2.  The  Imperial  Government  itself  will  be  the  judge  of  the 
cases  where  its  interests  would  permit  it  to  admit  these  methods 
without  i*s  abstention  or  refusal  to  have  recourse  to  them  being 
considered  by  the  signatory  States  as  an  unfriendly  act. 

It  goes  without  saying  that  in  no  case  could  the  means  in 
question  be  applied  to  questions  concerning  interior  regulation.' 

United  States 

Uncier   re^ervation  of  the  declaration  made  at   the  plenary 
sitting  of  the  Conference  on  the  25th  of  July,  18'*"','- 

Extract  from  the  proccs-verbat: 

The  delegation  of  the  United  States  of  .-Kmerica  on  signing 
the  Convention  for  the  pacific  settlement  of  international  dis- 
putt>.  as  proposed  by  the  International  Peace  Conference,  makes 
the  following  declaration : 

Nothing  contained  in  this  Convention  shall  l)o  so  cim>trucd  as 
to  require  the  United  States  of  America  to  depart  from  its 
traditional  policy  of  not  intruding  upon,  interfering  with,  or 
entangling  itself  in  the  political  questi'ms  or  policy  or  internal 
administration  of  any  foreign  State;  nor  shall  anything  con- 
tained in  the  said  Convention  be  construed  to  imply  a  relinquish- 
ment by  the  United  States  of  .Xmerica  of  its  traditional  attitude 
toward  purely  .\inerican    questions.' 


The    1907    Convention    was    ratified   by    the    following;    ?ij.:^iatory 
Powers  on  the  dates  indicated : 

Austria-Hungary    November  27.   1909 

Belgium    Aitgust  8,  1910 

Bolivia    November  27,   190*) 

Brazil    January  5,   1914 

China    November  27,  1909 

Ctiba    February  22,  1912 

Denninrk    November  27,  1909 

France    October  7,  1910 


•DeclaratiMn  ,,i  Tnrkh.in  Pasha.  Procis-vcrhaux.  pt.  i,  p.  "0.  This  reserva- 
tion do<'s  not  appear  in  the  instrument  of   ratification. 

^Reservatimi  maintained  at  ratification. 

'/'r.'!.  .t-t  .■!'■, ;iM-.  pt.  i.  p.  (f>.  Compare  the  reservation  of  the  United  States 
to  the  l'X)7  Cnnvcntinn,  f'sl.  p.  87. 


<^'- 


m^^S3I5~ 


I'ACIIIC  SETTLEMICNT  OK  INTERNATIONAL  Dl.^I'L  TKS        85 


(Ifrniaiiy    Xoveniber  27.  I'XJ'^ 

Guatemala    March  13.  VJ\\ 

Haiti    February  J,  I'Ui) 

Japan    Dcccniljer   13.  I'U  1 

Lnxinilnirg    September  3,  IVIJ 

Mexico    .Vovcniber  27,  1V(W 

Xetlierlands    Xovember  27.  fO' 

Xorwav    September  19,  l')10 

Panama   September  11,  191 1 

Portugal    April   13,  1911 

Roiimania   March  1.  1912 

Russia   Xoveniber  27.  l'X)9 

Salvador  Xovember  27.  l'XK> 

Siam    March  12,  l')10 

Spain   ^f3rch   18.  1913 

Sweden    Xovember  27 ,  19(X) 

Swit;^crland    May  12,  1910 

United  States Xovember  27.  1909 

Adhesion: 

Xicaragua   December  16.  1909 

The   following   Powers   signed   the   Convention   but   have   not   yet 
ratified : 

Argentine  Republic  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peni 

Dominican  Republic  Serbia 

Ecuador  Turkey 

Oeat  Britain  I'ruguay 

Greece  \'cnezue!a 
Italy 

Rcscn'ations:'^ 
Brazil 

With  reservation  as  to  Artiv'le  53,  ])ar,-ii;r.;iili-  J.  3.  and  4 -' 

■AH  tlipsc  r<'soi  vatii'iis  wero  iiKiMc  .it  <i,irnati:re  esi'oiit  tlu'  -i\.>in!  rr-T\  .ilinii 
of  the  United  Slates. 

-Roservati'.n  inaimainc'l  at  ratincatii.i. 


I 


'-■;:'><KS;^-h:6iirt5i»*. '  i.:\;^i?."--r!^' 


86 


CONVF.NTIONS  1  Or-  1899  AND  1907 


Chile 

L'lulcr  reservation  of  the  (Icclaraticm  formulated  with  regard 
to  Article  39  in  the  seventh  meeting  of  the  First  Commission 
on  Octol>er  7. 

Extract  from  the  f'Bccs-verbal: 

Tlu'  delegation  of  Chile  desires  to  make  the  following  declara- 
tion in  the  name  of  its  Government  with  respect  to  this  article. 
Our  delegation  at  the  time  of  signing  the  Convention  of  1S99 
lor  the  pacific  settlement  of  international  disputes  did  so  with 
the  reservation  that  the  adhesion  of  its  Government  as  regards 
Article  17  Vv'ould  not  include  controversies  or  questions  prior  to 
the  celebration  of  the  Convention. 

The  delegation  of  Chile  believes  it  to  be  its  duty  to-day  to  re- 
new, with  respect  to  the  same  provision,  the  reservation  that  it 
has  previously  made,  although  it  may  not  be  strictly  necessary 
in  view  of  the  similar  character  of  the  provision. ' 

Greece 

With  the  reservation  of  paragraph  2  of  Article  53. 

Japan 

With  reservation  of  paragraphs  3  arj  4  of  Article  48,  of  para- 
graph 2  of  .Article  53,  and  of  Article  54.- 

Rotimania 

With  the  same  reservations  formulated  by  the  Roumanian 
plenipotentiaries  on  signing  the  Convention  for  .le  pacitic 
settlement  of  international  disjuitcs  of  July  29,  1899.' 

Switzerland 

Under  reservation  of  .\iticle  ^?i.  number  2.* 

Turkey 

L'mler  reservation  of  the  declarations  recorded  n.  the  prnccs- 
vcrbal  of  the  ninth  plenary  session  of  the  Conference  held  on 
October  16,  1907. 

F.xiract  fnin   the  pri'ccs-verbat: 

The  Ottiiinan  delegation  dcrlares.  in  the  name  fif  its  Govern- 
ment, that  while  it  is  not  unmindful  of  the  beneficent  influence 


i?fatcp!ent  of  Mr.  Doniinf,,,  Gnna.    Acles  et  documents,  vol.  ii,  p.  121. 

'-'I\eser\,iii.in   maintained   at   ratification. 

•""Rescrvatif  ns  maintained  at  ratification.     See  ante,  p.  82. 


PACIIIC  SETTLEMENT  Of"  INTERNATIONAL  DISPUTES       87 

which  gnod  oft'ues.  mediation,  commissions  of  inquiry,  and  arbi- 
tration arc  able  to  ixercist  on  the  maintenance  of  the  pacific 
relations  l)Ctwccii  States,  in  j;iviiit;  its  adiii'sioii  to  the  whole  of 
the  draft,  it  does  so  on  the  unilerstanding  that  such  methods  re- 
main, as  before,  purely  optional;  it  could  in  no  case  recognize 
them  as  havmK  .in  obliRatory  character  rendering  them  susceptible 
of  leading  directly  or  indirectly  to  an   inter\ention. 

Ihe  imperial  Government  proposes  to  remain  the  sole  judge 
of  the  occasions  when  it  shall  be  necessary  to  have  recourse 
to  the  different  proceedings  or  to  accept  them  without  its  deter- 
mination on  the  point  being  liable  to  be  viewed  by  the  signatory 
States  as  an  unfriendly  act. 

It  is  unnecessary  to  add  that  such  methods  should  never  be 
applied  in  cases  of  interna!  order.' 

United  States 

Under  reservation  of  the  declaration  made  in  the  (ilcnary  .ses- 
sion of  the  Conference  hehl  on  October  16.  1907.- 

Extract  from  the  fri'ccs-verbal: 

The  delegation  of  the  United  States  renews  the  reserva- 
tion made  in  18</>  on  the  subject  of  .\rticlc  48  of  the  Conven- 
tion for  the  pacific  settlement  of  international  disputes  in  the 
form  of  the  following  declaration: 

Nothing  contained  in  this  Convention  shall  he  so  construed  as 
to  require  the  United  States  of  America  to  depart  from  its  tradi- 
tional policy  of  not  intruding  upon,  interfering  with,  or  en- 
tangling itself  in  the  political  questions  of  policy  or  internal 
administration  of  any  foreign  State;  nor  shall  anything  contained 
in  the  said  Convention  be  construed  to  imply  a  relinquishmert 
by  the  United  States  of  its  traditional  attitude  toward  purely 
American    questions.' 

The  act  of  ratification  contains  the  following  reservation: 

That  the  United  States  app.-oves  this  Convention  with  the  un- 
derstanding that  recourse  to  the  Permanent  Court  for  the  settle- 
ment of  ditTerences  can  be  had  only  by  agreement  thento  througli 
general  or  special  treaties  of  arbitration  hereti^fore  r.r  hereafter 
concluded  between  the  parties  in  <lispute:  and  the  Unite<i  States 
now  exercises  the  option  contained  in  ..\rticle  53  of  said  Con- 
vention, to  exclude  the  formulation  of  tlie  comfromis  by  the 
Permanent  Court,  ami  hcrebj  excludes  from  tlie  competence 
of  the  Permanent  Court  the  power  to  frame  the  com^rumis  re- 


'Siatemcnts  of  Turkhan  Pasha,    .-tclrs  ct  circumLiits,  vol.  i,  p.  3o6. 

^Reservation  maintained  at  ratifcalion. 

'Statement  of  Mr.  David  Jayiie  Hill.    .UltS  .  /  Juuiiunls.  \>-\.  i.  p.  .i.'.-5. 


88 


CONVI.NTIONS  1  OF  1H99  AND  1907 


quired  by  general  or  special  treaties  of  arbitration  concluded 
or  hereafter  to  l)e  concluded  by  the  United  States,  and  further 
expressly  declares  th.it  the  comfromis  required  by  any  treaty  of 
arbitration  to  which  the  United  Slates  may  be  a  parly  shall  be 
■ictllcd  only  by  ;iKricment  between  ihi-  contractint{  parlies,  unless 
such  treaty  shall  expressly  provide  otherwise. 


i; 


CONVENTION  01)  RESPECTING  THE  LIMITATION  OF  THE  EMPLOY- 
MENT OF  FORCE  FOR  THE  RECOVERY  OF  CONTRACT  DEBTS 

Signed  at   The  Ilasjuf.  October  18,  1907 

His  Majesty  the  (.ieriiiaii  luiiperor,  King  of  Prussia;  [etc.|  : 

Heiiijj  desirous  of  avoiiliiifj   between   nations  armed  contlicts  of   a    ''."'' 
pecuniary  origin  ari>ing  from  C(/nlract  debts  which  are  claimed  fro!ii 
the  Goverinnent  of  one  country  l)y  the  Government  of  anotlier  coun- 
try as  due  to  its  nationals,  have  rcso'ved  to  conclude  a  Convention  to 
this  effect,  and  have  ai)i)oinfed  the  following  as  their  plenipotentiaries : 

(Here  follow  tlie  nanus  of  the  plenipotentiaries.! 

Who,  after  depositing  their  full  powers,  found  in  good  and  due  form, 
have  agreed  ujion  the  following  provisions: 


.,-.,f 

utm  ■n. 


Article  1 

The  contracting  Powers  agree  not  to  have  recourse  to  armed  force   p"n,'V''',se.i 
for  the  recovery  of  contract  debts  claimed  from  the  Government  of   '"'ulT.w'ti' 
one  country  by  the  Government  of  another  country  as  being  due  to  its 
nationals. 

This  undertaking  is,  however,  not  applicable  when  the  debtor  State  '-"^•■i""" 
refuses  or  neglects  to  reply  to  an  offer  of  arbitration,  or,  after  accept- 
ing the  oflfer,  prevent.-  any  compromis  from  being  agreed  on,  or.  after 
the  arbitration,  fails  to  submit  to  the  award. 


Article  2 

It  is  further  agreed  that  the  arbitration  mentioned  in  paragraph  2 
of  the  foregoing  article  .shall  be  subject  to  the  procedure  laid  down 
in  Part  I\',  Chapter  HI.  of  the  Hague  Convention  for  the  pacit'ic 
settlement  of  international  dis[)utes.  The  award  shall  dctermiue. 
e.\cei)t  where  otherwise  agreed  between  the  parties,  the  validity  of  the 
claim,  the  amount  of  the  debt,  and  the  time  and  mode  of  i)avmcnt. 


ArI'MratInn 


Awar.! 


90 


(DNVKNI  ION  II  OI'  1907 


IVpitill    If 

Tlie  llutfuc. 


I  'ti;;-Tini;K\lt 
to  ilttuT 

Towers. 


Aktulk  .5 

I  lie  piiMiit  C  oiivi'iition  shall  hv  ratiticil  as  soon  as  jMjssiblc. 

riic  ratiticatioiis  shall  he  deposited  at  The  Hague. 

riic  first  deposit  of  ratifications  shall  he  recorded  in  a  proics-vcrbal 
si^;Iled  by  the  representatives  of  the  I'owers  taking  part  therein  and 
by  the  N'etherland  Minister  for  Foreign  AlYairs. 

riie  sul)se(|.""nt  dciKisits  of  ratifications  shall  lie  made  by  means  of 
a  written  r  cation  addressed  to  the  N'etherland  Government  and 
accoinjianied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  f<roc^s-ftrbal  relative  to  the  first  de- 
posit of  ratifications,  of  the  notifications  mentioned  in  the  preceding 
paragraph,  as  well  as  of  the  instruments  of  ratification,  shall  he  sent 
immediately  by  the  ^'etherland  Government,  through  the  diplomatic 
channel,  to  the  Powers  invited  to  the  Second  Peace  Conference,  as 
well  as  to  the  other  Powers  which  have  adhered  to  the  Convention. 
In  the  cases  contemplated  in  the  preceding  paragraph,  the  said  Gov- 
ernment shall  inform  them  at  the  same  time  of  the  date  on  which  it 
received  the  notification. 

Artici-f.  4 

Non-signatory  Powers  may  adhere  to  the  present  Convention. 

The  Power  which  desires  to  adhere  notifies  its  intention  in  writing 
to  the  yetli-  -'and  ijovf-rnment,  forwarding  to  it  the  act  of  adhesion, 
which  shall  uc  deposited  in  the  archives  of  the  said  Govornnunt 

The  said  Government  shall  forward  immediately  to  all  the  other 
Powers  invited  to  the  Second  Peace  Conference  a  duly  certified  copy 
of  the  notitication,  as  well  as  of  the  act  of  adhesion,  mentioning  the 
date  on  which  it  received  the  notification. 


rati;..  .I'n- 


Article  5 

The  present  Convention  shall  come  into  force,  in  the  case  of  the 
Powers  which  were  a  party  to  the  t'lrst  deposit  of  ratifications,  si.xty 
(lays  after  the  date  of  the  proci's-vcrhal  of  this  dejiosit,  in  the  cise 
of  the  Powers  which  ratify  subsequently  or  which  adhere,  si.xty  days 
after  the  notification  of  their  ratification  or  of  their  adhesion  has 
been  received  bv  the  N'etherland  Government. 


KIX')\  I  KV  (),    COMKACr  1)1  UTS 


91 


a 

I 


AKriii.i.  (• 

In  tlic  cviiit  of  Olio  01  ihc  itiiiliactint,'  I'ouirs  wi>liiiitj  to  <lfiiouiicc    '"     '  '■" 
till'  prisciit  Convention,  the  .Iciiiinciatioii   <liall  l.c  iijtilit.l  in  writirijj 
to  tlic  Xeth.rlan.l  (lovcriiineiit,  wliidi  >liall  initncliatcly  communicate 
a  duly  certitif.l  copy  of  the  notilication  to  all  the  other  Powers,  in- 
fonninj;  them  at  the  same  titr.   of  the  .late  on  which  it  was  rcce.'ve.l, 

Ihr  denunciation  >hall  only  ha-.e  eitei.  in  re^Jard  to  the  notifyini,'  ";  "''•''■' 
J'ower.  and  one  year  after  the  notilication  has  reached  the  Xcthcriand  '''"'I^t.' 
liovernment. 

AkTICLE  7 


A  register  kej.t  l.y  the  Xethcrland  Ministry  for  Forei^-n  Affairs  shall 
Rive  the  date  of  the  dcjiosit  of  ratitications  juade  in  virtue  of  Article  3. 
paragraphs  3  and  4,  a>  well  as  the  date  on  which  the  notilications  of 
adhesion  (Article  4,  ; paragraph  2)  or  of  denunciation  (Article  0.  para- 
graph 1 )  were  received. 

Each  contracting  Pow^t  is  entitled  to  have  access  to  this  register  and 
to  be  sui)plied  with  duly  ceriilied  extracts  from  it. 

In   faith  whereof  the  plenipotentiaries  have  api)ended  their  signa-    ''"'' 
turcs  to  the  i)resnt  Convention. 

Done  at  The  Hague,  the  18th  Octoher,  1907.  in  a  single  copv,  which 
shall  remain  (lei.osited  in  the  archives  of  the  Xetherland  Government, 
and  duly  certified  coj.ies  of  which  shall  l,e  sent  to  the  contracting 
Powers  through  the  diplomatic  channel. 

[Here  follow  signatures.  | 


k.t  -trr 

I.llit      .11: 


I1.-P 


RATIFICATIONS.  ADHESIONS  AND  RESERVATIONS 


The   fores. 


cgomg  Convention  was  nilifuul  I.v  the   following  signatorv 
Powers  on  the  dates  indicated  : 


XoveniI)er  27.  I''u9 


Austria-!  lungary   

^^'"'"•''^'^   Xoven.her  27.  19()9 

France  

Germany   

Great  Britain 


,X 


,  .October 
ovemher  i 


1910 
1909 


Xnvcmher  27.  1909 

^"■."^■"'•■''•■1   March  15.  1911 

^^''""    Fehruarv  2.  1010 

•^"•f'"'   December' 1.1,  1911 


92  CdWENTION  11  OF  1907 

Mexico    November  17 ,  1909 

Xctiierlaiuls    November  27,  1909 

Norway September  19,  1910 

Panama September  11,  191 J 

Portugal Ai.rill3,1911 

Russia   November  21 ,  \9Qb 

Salvador  November  17,  1909 

Spain   March  18,  1913 

L'nitol  States    Noveml)er  27,  1909 

Adhcs'ioyxs: 

China January  15.  1910 

Liberia    February  4,  1914 

Nicaragua    l)eceml)er  16,  1909 

The    following   Powers   signed   the  Convention   but   have   not   yet 
ratified : 

Argentine  Republic  Italy 

Bolivia  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Cuba  Serbia 

Dcniinican  Republic  Turkey 

Ecuador  Uruguay 
Greece 


Rcscrvai'wn.s-^ 

Ari;enliiie  Rtpr.Mic 

The  Argentine  Republic  makes  the  following  reservations: 

1.  With  reprard  to  delit?  arisinc;  frnm  ordinary  contracts 
between  the  citizen  nr  su'iject  i^f  a  nation  and  a  fi^reiiin  Govern- 
ment, recourse  shall  not  be  had  to  arbitration  except  in  the 
specific  case  of  denial  of  justice  by  the  courts  of  the  country 
which  made  the  contract,  the  remedies  before  wliich  courts  must 
first  have  been  exhausted. 

2.  Public  loans,  secured  by  bond  issues  and  constituting  the 
national  debt,  shall  in  no  ease  give  rise  to  military  apgression 
or  the  material  occupation  of  the  soil  of  Ameri.an  nations. 


i.Ml  lb.- 
i:i('e  at  =' 


'■vatiinis.  i  xc.])!  those  of  Xicaranua  and  tbe  I'liitid  Slates,  wert 


KFXOVEKY  OF  CONTRACT  DKBTS  'i.? 

Bolivia 

Under  the  reservation  stated  to  the  First  Comniissioi\. 

U.xtriict  fiifiH  till-  proccs-rerbal: 

It  scenii  to  me,  therefore,  that  the  acceptance  of  the  propo- 
sition before  us  will  but  mean  the  legitimation  by  the  Peace 
ConlcTciice  of  a  certain  class  of  ■WJrs,  or  at  least  interventions 
based  on  disputes  w'licli  relate  neither  to  the  honor  nor  vital 
interests  of  the  creditor  States. 

In  consciiuence  of  these  forceful  reasons,  the  delegation  of 
Bolivia  regrets  not  to  give  its  entire  assent  to  the  proposition 
under  discussion.' 

Colombia 

Colombia  makes  the  following  reservations: 

It  does  not  agree  to  the  employment  of  force  in  any  case  for 
the  recovery  of  debts,  whatever  be  their  nature.  It  accepts  arbi- 
tration only  after  a  final  decision  has  been  rendered  by  the 
courts  ol  the  debtor  nations. 

Dominican  Republic 

With  the  reservation  made  at  the  plenary  session  of  October 
16,  1907. 

Extract  from  the  prac^s-verbai: 

The  delegation  of  the  Dominican  Republic  confirms  its  fav- 
orable vote  on  the  proposal  of  the  delegation  of  tlie  United 
States  relative  to  the  limitation  of  the  employment  of  force  for 
the  re-overy  of  contract  debts ;  but  it  renews  its  reservation  as 
to  the  condition  contained  in  this  part  of  the  clause:  "or  after 
accepting  the  offer,  prevents  any  citnpromis  from  being  agreed 
on,"  as  its  interpretation  might  lead  to  excessive  consequences 
which  would  be  tlic  more  regrettable  as  they  are  provided  for 
and  avoided  in  the  plan  of  Article  53  of  the  new  Convention  for 
the  pacific  settlement  of  international  disputes. ^ 


Ecuador 

With  the  reservations  made  at  the  plenary  session  ol  Oitoln. 
16,  1907. 

Extract  from  the  proccs-vcrbol: 

The    delegation    of    Ecuador    will    vote    affirmatively    while 
m.iintaiuing  the  reservations  made  in  the  First  Commission.' 


'Statement  of  Mr.  Claudio  Tinilla.     Actfs  ct  docii»un!s.  v.i|    il.  n,   14J. 
-Statement  c4  Mr.  .-Xiiolinar  Tejera.    Acles  r/  d'<ctinients.  vol.  i.  p.  33". 
'Statement  of  Mr   D^rn  y  de  .Msna.   .htrs  rt  d'HUiiirr.ts.  \"\.  i.  |>   ,li8. 


"■•■-T'^Cf55?v; 


94 


CO.WENTION  n  OF  1907 


Greece 

With  the  reservation  made  at  the  plenary  session  of  October 
16,  1907. 

P.xtract  from  tlf  proccs-vcrbat: 

In  tlie  cigh  ■  mcutiiig  of  the  First  Commission  the  Greek 
deleg.ition,  being  without  definite  instructions,  was  obliged  to 
reserve  its  vote  on  the  subject  of  the  proposition  of  the  United 
States  of  America  on  tlie  treatment  of  contract  debts.  We  are 
to-(!ay  in  a  position  to  declare  tliat  the  Rcaal  Government  accepts 
the  said  proposition,  which  has  for  its  aim  the  doing  away,  by 
peaceful  means,  of  ditlerences  between  nations  and  the  exclu- 
sion, conformably  to  the  principles  of  international  law,  of  the 
employment  of  armed  force  outside  of  armed  conllicts.  We  con- 
sider, at  the  same  time,  that  the  provisions  contained  in  para- 
graphs 2  and  3  of  the  text  voted  can  not  affect  existing  stipula- 
tions nor  laws  in  force  in  tlie  realm.' 

Guatemala 

1.  With  regard  to  debts  arising  from  ordinary  contracts  be- 
tween the  citizens  or  subjects  of  a  nation  and  a  foreign  Gov- 
ernment, recourse  shall  be  had  to  arbitration  only  in  case  of 
denial  of  justice  hy  the  courts  of  the  country  which  made  the 
contract,  the  remedies  before  which  courts  must  first  have 
been  exhausted." 

2.  Public  loans  secured  by  bond  issues  and  constituting  na- 
tional debts  shall  in  no  case  give  rise  to  military  aggression  or 
the  materi.il  occupation  of  the  soil  of  American  nations.' 

Nicaragua 

The  act  of  adhesion  contains  the  following  reservations: 

fa)  With  regard  to  debts  arising  from  ordinary  contracts 
betwren  t'le  citi/en  or  sunject  of  a  nation  and  a  foreign  Govern- 
ment. rccMT'e  shall  be  had  to  arbitration  only  in  the  specific 
c.i-e  of  a  denial  .if  justice  by  the  courts  of  the  country  where  the 
iiintract  was  niale.  the  reiTiedies  before  which  courts  must  first 
have  been   (  xhausted. 

(bi  Ptillic  I  ans  secured  by  bond  issues  and  constituting  the 
national  debt  shall  in  no  case  give  rise  to  military  aggression  or 
the  material  occupation  of  the  soil  of  .American  nations. 


•Statement  of  Mr.  KaiiKabe.     Aclis  ct  di'iuiihiils,  vol.  i,  p.  ,i,io. 
'Reservation  maintained  at  ratiticatioi' 


''^'.■'/t.K^S.-'-^?' 


'^".^^ 


'¥m^^ 


RECOVEF?Y  01    CONTRACT  DEBTS 


95 


Peru 

Un-ler  the  reservation  that  the  principles  laid  dovr  in  this 
Convention  shall  nut  be  applicable  to  claims  or  ditt'erences 
arising  from  contracts  concluded  by  a  country  with  foreign 
subjects  when  it  has  been  expressly  stipulated  in  these  con- 
tracts that  the  claims  or  differences  must  be  submitted  to  the 
judges  or  courts  of  the  country. 

Salvador 

We  make  the  same  reservations  as  the  Argentine  Republic 
above.' 

United  States 

The  act  of  ratification  contains  the  following  reservation: 

Tli.it  till.'  United  States  ppproves  this  Convention  with  the 
uniiiTstanding  tliat  recourse  to  the  Permanent  Court  {or  the  set- 
tlement of  tl.i  ditTereiK-es  referred  to  in  said  Convention  can  be 
had  only  hy  agreement  thereto  througli  general  or  special  treaties 
of  arbitration  heretofore  or  hereafter  concluded  between  the 
pi'.ities   in   dispute. 

Uruguay 

L'ndc  >ervation  of  the  second  paragraph  of  .Article  1.  be- 
cause riie  delegation  considers  that  arbitration  may  always  be 
refused  as  a  matter  of  right  if  the  fundamental  law  of  the 
debtor  nation,  prior  to  the  contract  which  has  given  rise  to  the 
dcuuts  or  disputes,  or  this  contract  itself,  has  stipulated  that 
siii  h  doubts  or  disputes  shall  be  settled  by  the  courts  of  the 
said  nation. 


^Ante.  p.  92.     Reservatinn   maintained  at  ratificati^ 


4V. 


'■riA^. 


m 


''^■^^itiii 


tx 


i'.lr 


-^*^',;tf-:.j«r!; 


CONVENTION  (III)  RELATIVE  TO  THE  OPENING  OF  HOSTILITIES 
Signed  at  Tlie  Hague,  October  18,  1907 


Convention. 


IMcniiHtcntiaruf 


C(  mmcnciliK 
lu'^tilitics. 


\l\>  Majisty  the  Geniian  Emperor,  King  of  Prussia;  [etc.]: 

Considering  that  it  is  important,  in  order  to  ensure  the  maintenance 
of  paoifif  relations,  that  iiostilities  should  not  commence  without 
previous  warning; 

That  it  is  equally  important  that  the  existence  of  a  state  of  war 
shoulil  be  notified  without  delay  to  neutral  Powers ; 

Being  desirous  of  concluding  a  Convention  to  this  effect,  have  ap- 
pointed the  following  as  their  plenipotentiaries: 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  dejjositing  their  full  powers,  found  in  good  and  due 
form,  liave  agreed  upon  the  following  provisions: 

Article  1 

The  contracting  Powers  recognize  that  hostilities  between  them- 
seKcs  nnist   not   commence   without   previous   and  explicit   warning, 

in   the   Icrni  eitlier  of  a  declaration  of  war,  giving  reasons,  or  i)f  an 
ulilmatuni  witli  ccnditional  declaration  of  war. 


NnliCf     tu 


Article  2 

The  existence  of  a  state  of  war  must  be  notified  to  the  neutral 
Power  without  delay,  and  shall  not  take  effect  in  regard  to  them 
until  after  the  recei]>t  of  a  notification,  which  may,  however,  be  given 
by  telegraph.  Xentral  Pdwers.  nevertheless,  cann<it  rely  en  the 
a.bsence  of  notification  if  it  is  clearly  established  that  they  were  in 
fact  aware  of  the  existence  of  a  state  of  war. 


Article  3 

.Article    1    of   the   jire-ent   Convention   shall    take  effect   in   case  of 
war  between  two  (jr  more  of  the  contracting  I'owers. 


\:'\-l    *>yjM-:^-y 


y'kS'^^iA 


1  Wi2" 


;^.'^K,^-^: 


THE  OPENING  OV  HOSTILITIES 


97 


Article  2  is  bindiTifj  as  between  a  belligerent  Power  vvlifch  is  a 
party  to  the  Convention  and  neiur;il  Powers  which  are  also  parties 
to  the  Convention. 

Aktilli;  4 


t-'l 


The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratific-'tions  shall  be  deposited  at  The  llaf,'ue. 

The  first  de[Kjsit  ol  ratifications  >hall  be  recorded  in  a  f'l  luis-z'Crbal 
signed  by  the  representatives  of  the  Powers  which  take  ijart  tlierein 
and  by  the  Xethcrland  Minister  for  Foreign  Affairs. 

The  siibsecjuent  deposits  of  ratifications  ^llall  be  made  by  means 
of  a  written  notification  addressed  to  the  Xetlurland  (Joverninent  and 
accompanied  by  the  instrument  of  ratification. 

.\  duly  certified  coj)y  of  the  proccs-vcrbal  relative  to  the  first  depo-  it 
(/I  ratifications,  of  the  notifications  mentioned  in  the  precetling  para- 
graph, as  well  as  of  the  instruments  of  ratification,  shall  be  at  once 
s(.nt  by  the  Xetherland  Government  through  the  tliploniatic  channel 
tM  the  Powers  invited  to  the  Second  Peace  Conference,  a>  well  as  to 
the  other  Powers  which  have  adhered  to  the  Convention.  In  the  cases 
contemplated  in  the  preceding  paragraph,  the  said  Government  shall  at 
the  same  time  inform  them  of  the  date  on  which  it  received  tiie 
notification. 

Article  5 

Xon-signatory  Powers  may  adhere  to  the  present  Convention. 

The  Power  which  w-i.--hes  to  adhere  notifies  in  writing  its  intention 
to  the  Xetherland  (iovernment,  forwarding  to  it  the  act  of  adhc-ifu, 
which  shall  be  deposited  in  the  archives  of  the  said  Government. 

The  said  Government  shall  at  once  forward  to  all  the  other  Powers 
a  duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhe- 
sion, stating  the  date  on  which  it  received  the  notification. 


I'    !'l:iall.m. 
1  nc  llaijue. 


rertifii.l    . 

tU    I'uWClS. 


.\-ii-Mi.;i.at<  ry 
I'lwers 
iMiiy  ailt;cre 

.N'.'tificiri.i! 
•  ■1    lliU-Iit. 


.-iti'  II 
I'W  trs. 


Articlf-:  6 

The  present  Convention  shall  come  into  force,  in  the  ca^-e  of  the 
Powers  which  were  a  party  to  the  first  deposit  of  ratifications.  sixt\ 
days  after  the  date  of  the  proccs-vcrbal  of  that  deposit.  ;ind,  in  the 
case  of  the  Powers  which  ratify  subsequently  or  which  adhere,  sixty 
days  after  the  notification  of  their  ratification  or  of  the:r  adhesion 
has  been  received  by  the  Xetherland  ( io\erii;iK'nt. 


Jl.ct   if 


■.3S '■:-:«.(•£.•»    • 


^■j«S>i>i"i:''-:*3 


''X 


i()\\i;\Ti()X  111  OF  \'.m7 


Dcnunrinli 


Notifyiii);  I'- 


ItiBisttr    ..f 

iii:ifui;ti  in? 


Signint;. 


iif  oriKinal. 


Article  7 

Jn  the  event  of  one  of  the  high  contracting  Parties  wishing  to 
ck'iionncc  the  present  Convention,  the  ileniinciation  shall  be  notified 
in  writing  to  the  Xethcrland  Government,  which  shall  at  once  com- 
mnn'catc  a  iluly  certified  copy  of  the  notification  to  all  the  other 
Powers,  informing  them  of  the  date  on  which  it  was  received. 

The  (Iciuinciation  shall  only  have  effect  in  regard  to  tl.^  notifying 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland 
Ijovernment. 

Article  8 

A  register  kept  by  the  Netherland  Ministry  for  Foreign  Aflfairs 
shall  gi\e  the  date  of  the  deposit  of  ratifications  made  in  virtue  of 
Article  4,  paragra])hs  .^  and  4,  as  well  as  the  date  on  which  the  notifica- 
tions of  adhesion  (Article  5,  paragraph  2)  or  of  denunciation  (Ar- 
ticle 7,  |>aragraph  1 )  have  been  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register 
and  to  be  sn]i[)lied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  ;  t  The  Hague,  the  18th  October,  1907,  in  a  sini,'le  copy,  which 
shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  shall  be  sent,  through  the  diplo- 
matic channel,  to  the  Powers  which  have  been  invited  to  the  Second 
Peace  Conference. 

[Here  follow  signatures.] 


RATIFICATIONS.  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following  signatory 
.''owers  Oil  the  (lale>  indicated : 

Austria-Hungary November  27,  1909 

Belgium August  8,  1910 

Bolivia November  27,  1909 

l<razil January  5,  1914 

Denmark     November  27,  1909 

France October  7,  1910 

Germany November  27,  1909 


THE  OPENING  OI"  HOSTILITIES 


99 


Great    Britain November  27 

(lualcmala   Marili   15 

I  laili    I"\l)niarv   2 

Japan Dccenibc'-  13 

Luxemburg Stptember  5 

Mexico November  27 

Netherlands November  27 

Norway September  19, 

Panama September  1 1 

Portugal April  13 

Rournania March  1 

Russia November  27 

Salvador November  27 

Siam March  12 

Spain March  18 

Sweden November  27 

Switzerland May  12 

United    States November  27 


1909 
1-Ml 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1913 
1909 
1910 
1909 


m 


Adhcsiims: 

China January  15,  1910 

Liberia February  4,  1914 

Nicaragua December  16,  1909 

The    following   Powers   signed   the  Convention   but   have   not  yet 
ratified : 

Argentine  Republic  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Cuba  Serbia 

Dominican  Republic  Turkey 

Ecuador  Uruguay 

Greece  Venezuela 
Italy 

Reserzations:  none. 


M, 


THE  HAGUE  CONVENTIONS  OF  1899  Uli  AND  1907  IIV    RESPECTING 
THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 

1899  1907 

CoNvi-NTiD.N  (II)  with  respect  to  0)n\i;.\tu)N  {IV)  respecting  the 

tlie  laws  and  custDms  of  war  on  law>   and   customs   of    war   on 

land.— Signeil    at    The    Hague,  land —Signed    at    The    Hague. 

Jnly  2'J,  1899.  (.Jcioher  1«,  1907.' 


Hi^  Majesty  the  German  Em- 
peror, Kinj;  of  Prussia;  [etc.]: 

Consickring  that,  while  seeking 
niean^  to  preserve  peace  and  pre- 
vent amieil  c()nllict.>  among  na- 
tions, it  is  likewise  neccs,-,ary  to 
have  regard  to  cases  where  an  ajv 
|)c:il  to  arms  may  he  caused  hy 
events  which  their  solicitude  could 
not  avert ; 

.Xnimated  by  the  desire  to  serve, 
even  in  this  extreme  hypothesis, 
the  interests  of  humanity  and  the 
ever  increasing  re(iuirenients  of 
civiliz;iti"n  ; 

Thinking  it  imixirtaiit.  with  this 
ohject,  to  revise  the  laws  anil  f^en- 
cr.il  customs  of  war.  either  with 
the  view  of  defining  them  more 
precisely,  or  of  laying  down  cer- 
tain limits  for  the  ptirjio-e  of 
modifying  their  severitv  as  far  as 
pi'S^iblc : 


His  Majesty  the  (jerman  l'"m- 
peror.  King  of  I'mssia;  [etc.]  : 

Seeing  that,  while  seeking 
means  to  i)reserve  peace  and  pre- 
vent armed  contlicts  hetween  na- 
tions, it  is  likewise  necessary  to 
hear  in  mind  the  ca^c  where  the 
api)eal  to  arms  has  been  brought 
alxiut  by  events  which  their  care 
was  imable  to  avert ; 

Animated  by  the  desire  to 
serve,  even  in  this  extreme  case. 
the  interests  of  huiuanity  and  the 
ever  progressive  needs  of  civiliza- 
tion ; 

Thinking  it  important,  wii  his 
object,  to  revise  the  general  laws 
an<l  customs  of  war,  either  with 
a  view  to  defining  them  with 
greater  precision  or  to  confining 
them  within  such  limits  as  would 
mitigate  their  severity  as  far  as 
possible: 


n-c~    1  I  L.tvli    till-    (.'• 


•  i   IK'iv  a'vl  I'H)7. 


Tin:  LAWS  AND  CUSTOMS  Ol'  WAK  ON  LAND 


IGl 


1899 

lii>|)iri.<l  1)\  tlic-c  views  wliicli 
a-e  tujuincd  al  llic  prudent  day,  a^ 
tlicv  were  twiiity-t'ive  year--  ai;  >  at 
llie  time  cf  tlie  linissels  Confer- 
eiiee  in  18/'4,  by  a  wise  and  {gener- 
ous  fi)re>iglit ; 

1  lave,  in  this  spirit,  adopted  a 
Ljrcat  miniljer  nf  pii'vi.-ion-.  the 
iilijict  of  uldcli  i^  t(j  lUtiiie  and 
f^iiverii  tile  ii-aj;es  of  war  (jn  laitd. 

In  view  of  t!ie  lii^li  contracting,' 
Parties,  these  provisions,  the 
wor(Hn{T  of  wiiich  h:\<  heen  in- 
si)ired  I)y  the  ijc^ire  to  diminish  the 
evils  of  war  so  far  as  military  ne- 
ce<--ities  permit,  are  destined  to 
verve  as  j^encral  rules  of  conduct 
for  bellii,''crents  in  their  relations 
with  each  other  and  with  popu- 
lations. 

It  has  not.  however,  been  possi- 
ble to  agree  forthwith  on  provi- 
sicins  embracing  ;dl  the  circnm- 
staniev  whicii  occur  in  practice. 

( )n  tlie  other  hand,  it  could  not 
be  inieiulfd  by  the  high  coiUract- 
ing  I'arties  that  the  ca-cs  not  pr; 
vi'cd  fi.r  vhonbl,  for  w.mt  of  a 
written  provision,  be  left  to  the 
arbitrary  iudgmeiit  of  the  niilitnrv 
conimrmders. 

I'ntil  a  more  cotuplele  rode  of 
the  law-  I'f  war  i-  is-ued.  the  high 
contracting  l\artics  think  it  right 
to  declare  that  in  ca~cs  tint  in- 
cluded in  the  Regulation';  adopted 
bv  thctn.  rionulafions  ;ind  be!!igcr- 


1907 

ILizc  ihi)iicii  it  iii'('('.f.«u/- ,  (() 
cuml^lctc  and  twl'laui  in  urtiiin 
pdrtiiUuirs  the  iK'i'ik  (if  the  iirst 
I'fucc  Conference,  wliiili,  }\ill(iu'- 
nig  nn  the  Unis.uis  CmiU'ieiiie  t<j 
1^74,  ond  inspired  by  the  ideas 
dictated  by  a  :eise  tind  ^:^eneioiis 
joreti'oiKjIit,  adopted  pi^izisious 
inteiutrd  to  define  and  '^oi^eni  the 
iisa;^es  of  :ear  iin  land. 

.According  to  the  view>  of  the 
high  contracting  I'arties,  tlie>e 
provi-ionv,  the  wording  of  which 
has  been  inspired  by  the  desire  to 
diminish  the  evils  of  war,  ;iv  far  a- 
milit.iry  requiremetitv  permit,  are 
intended  to  -erve  ;is  a  general  rule 
of  conduct  for  the  be!ligeri'nt~  in 
their  mutual  relation^  and  in  their 
relations  witli  the  inhabitants. 

It  has  not,  however,  been  found 
possible  ;it  present  to  concert 
regulations  co\eriug  all  the  cir- 
cumstances which  ari-e  in  prac- 
tice: 

On  the  other  ban  1.  the  !)''','h 
contracting  !\irties  clearK-  d.>  not 
intend  that  imfore-een  c,i-i< 
should,  in  the  ab-ence  of  .i  writ;en 
undert.'iking.  be  left  to  the  arbi- 
trary judgment  of  niilitaiv  c  ni- 
manders. 

I'ntil  a  more  complete  code  of 
the  law<  of  w-ar  ha-  been  i--iied 
the  high  contracting  I'art' 
deciu  it  e\|)fdu-nt  to  ib-cl.iri-  liiat, 
in  rases  not  included  in  the  Regu- 
lations  adopted   b\-   '''cut,   the   in- 


^m^fr^t^^smsfm^imsm 


102 


(■|)N\  I  NTIUNS  II  OF  \S^)  AM)  IV  Ol-   l'»07 


Plenipotentiiries. 


1899 

i.iit>  riiii.iin  Diidcr  ihc  prutcilion 
aiiil  fiuiiirc  lif  lliL-  priiicipk^  of 
iiiuriiatiniial  law,  a->  llicy  re>ult 
fridii  tlii;  u>aycs  f>tablislied  be- 
tween civilized  nation!-,  from  tlie 
la\v>  of  luinianit),  and  tlie  require- 
ments of  tlie  pul)lic  conscience; 

Tlicv  declare  that  it  is  in  this 
sense  especially  that  Articles  1  and 
2  of  the  Reg\ilatio..s  adopted  must 
be  understood ; 

The  high  contractinR  Parties, 
desiring  to  conclude  a  Convention 
to  this  effect,  have  apjx)inted  as 
their  plenipotentiaries,  to  wit: 

[Here  follow  the  names  of 
plcni{X)tentiaries.] 

Who,  after  communication  of 
their  full  powers,  found  in  pood 
and  due  form,  have  agreed  on  the 
following: 


1907 

habitant.-,  and  the  belligerents  re- 
main under  the  prufction  and  the 
rule  of  the  principles  of  the  law  of 
nations,  as  they  result  from  the 
usages  e-tablished  among  civilized 
peoples,  it'  the  laws  of  human- 
ity, and  'he  dictates  of  the  public 
coascience. 

They  declare  that  it  is  in  this 
sense  especially  that  Articles  1  and 
2  of  the  Regulations  adopted  must 
be  understood. 

The  high  contracting  Parties, 
wishing  to  conclude  a  fresh  Con- 
vention to  this  effect,  have  ap- 
pointed the  following  as  their 
plenijxDtentiaries: 

[Here  follow  the  names  of 
plenipotentiaries.] 

Who,  after  Itainng  deposited 
their  full  powers,  found  in  good 
and  due  form,  have  agreed  upon 
the  following: 


Instructiotii 
to  armed 
land  farccl. 


Article  1 

The  higli  contracting  Parties 
shall  issue  instructions  to  their 
armed  land  forces,  \vh?ch  shall  be 
in  conformity  with  the  "Regfula- 
tions  respecting  the  laws  and  cus- 
toms of  war  on  land''  annexed 
to  the  present  Convention. 


Article  1 

The  contracting  Powers  shall 
issue  instructions  to  their  armed 
land  forces  which  shall  be  in  con- 
formity with  the  Regulations  re- 
specting the  laws  and  customs  of 
war  on  land,  annexed  to  the 
present  Convention. 


Article  2 

p,>wer?  hnnnd  fhe  provjsions  contained  in  the 

Regulation^  mentioned  in  .■\rticle 
1  are  only  binding  on  the  contract- 


Article  2 

The  provisions  contained  in  the 
Regulations  referred  to  in  .Article 
1,  as  well  as  in  the  present  Con- 


,"oit--.;  ■ 


.:t'C  *• '-  'm«  ■ 


*.;'^ . .  .  ! : 


^l-m^!^r».i^iV! 


T 


Till':  LAWS  AND  CUSTOMS  Ol'  WAR  oN   l.XN'D 


10.^ 


1899 
iriK   I'owcrs,   in  case  of   war   bc- 
tvvetn  two  or  more  of  tlii-ni. 

These  provisions  shall  cease  to 
be  bindiiitj  from  the  time  when,  in 
a  war  between  contractinR  Pow- 
ers, a  non-contracting  I'ower  joins 
one  of  the  belligerents. 


1907 

irnttoH,  do  nut  apply  except  be- 
tiCiCit  iOtilrthtiiiij  f'ourrs,  and 
tlii-ii  tiidy  if  nil  tlif  btilii/in-nts  are 
parties  to  the  Cunventiun. 


Artici.k  3' 

A  belligerent  party  uliicli  7'io-  J"^X'm»"" 
tales  the  proiisions  of  the  said  "iiui»<i"M- 
R(:;i(lations  shall,  tf  the  case  de- 
mands, be  liable  to  pay  compen- 
sation. It  shall  be  responsible  for 
all  acts  committed  by  persons 
forming  part  of  its  armed  forces. 


Article  4 


Trior  ("nnve»- 
lim  reilacfd. 


The  present  Convention,  duly 
ratified,  shall  as  betiieen  the 
contracting  Pox^ers,  be  substi- 
tuted for  the  Coinrntion  of  the 
^gth  July,  iSgg,  respecting  the 
laws  and  customs  of  'uar  on  land. 

The    Conz'ention    of    iSi^g    re-   Cnrt.nuanc 

'  oi   forinrr 

mains    in    force    as    betn'cen    the   r.nvmtinn. 
pozcers  ivhich  signed  it.  and  zc'iich 
do  not  also  ratify  the  p  esent  Con 
vention. 


Article  3 

The  present  Convention  shall  be 
ratified  as  speerlily  as  possible. 

The  ratifications  shall  be  depos- 
ited at  The  Elague. 


Article  5 

The  present  C  invention  shall  be 
ratified  a.s  soon  as  po-sihle. 

The  ratification^  shall  he  dejios- 
ited  at  The  }fai::ui'. 

The  first  deposit  of  ratificalions 
shall  he  recorded  in  a  proch- 
verbal  sit^ned  by  the  ,'epresenta- 


\atificati'jn. 


Dfpo^it  at 
The  Hagt>«. 


'Turkey  made  reservation  of  Article  3. 


• ,  L  Vf  • 


TTMr 


mm 


ICM 


row  I  MloNS  II  Ol'   IKW  AND  IV  Ol    l';<)7 


1   .     !■  ,,M|- 


1899  1907 

//:  •',«■    ('/   ihr    f'lnvrr.t   a /m /i    tiiLi' 

f'lirt   llwrilii   iiiiil  li\   (/i,'  Xrllu'i- 

liutii  Minister  for  liiii'ii/ii  .\lhur.t 

I  he  su>sc  incut  deposits  of  riiti- 

fitUllhnis  sinill  /;,■  ,,    nl,-  h\  iiii\iiis  of 

(1    ~,erilten    iiolif'u-titioii,    ihl<l>t\Si\l 

to     the    Nrthrrlanil     (iii:  rniiiirnt 

nil  J   accompanied    h\    the    iiislru- 

iiieiit  of  ratification. 

A  iUDce-verhal  vliall  he  drawn  ,;    duly    certified    cop\    of    the 

tip  rccnrtjinf;  the  icixipi  of  each      proct\\---i'erhal  relatr.'c  to  the  first 

ratirk-atinii,  ami  a  copy,  duly  ccr-      deposit  of  ratiticatioiis.  of  the  ».>- 

tilled,    >liall    l)c    sent    tliroufjli    the      litie^Uions    ineiitioiied   in    the    pre- 

diploiiialic  clianiid,  to  all  llic  con-      eedm-  paraj^^roph.  as  zcel!  as  of  the 

tracliiij;  Powers.  inslruments    rf    ratitie<iti'ii     <ha!l 

l>e  iiiiviediale'y  sent  hy  the  Xclh- 
er'aiid  (Jo: c-iiiiuii!.  trron-^h  the 
dipL'mati,  channel,  to  t,,e  /'  :eer.<; 
iiirited  to  ti:,  eeon  !  I'eace  'Oi- 
feience,  as  ?cv/7  .,^^  /  '  //),■  other 
I'o\er  hic'i  h.iz'C  adhered  to 
the  (  I  rnrion  In  foe  ,  tises 
con!  •'  raited  in  //;.■  p  eediiiii 
pari,  -.it^h  t'le  said  (iorermnent 
'al,  ;,'  till'  .  :ine  time  info' in  llieni 
■■I  the  -'ol  .o;  :,;:,.  Ii  it  '■,-,  ,-;rv,/ 
not:'    itian. 


A. 11 

■I- re  I! 

.1'    i  ■■■ 

-■f  1 

ll'iC;!! 

i>  I. 

Artk  I.I     \ 

\on-^i''iiat'T\-    I'liW' 


\k-:  ici.r   (' 
\  in-~ic-i;.i!    rv   ''owat'^  ni;iv  ad- 


lowcil    to    adiicic    lo    I        j.ri— .-lit  r,- •-<  to  t!,   preset)-  ' 'onvcntion. 
Convention. 

I'or    ihi-     piirpo-c     liic      nv.---  The  Poreer  :..hirh  desires  to  ad- 

ni.i.kc  their  adlioion  knowi.  'nvie  heie   n  <tifie'  ii'   :e>ilii''-   its  inten- 

c-iitractini,'  I'owcr-  hy  n      -    ■  '  a  tion    to    ih-    Xnherunid    Goiem- 

wiitlcn    notiliration,   ad.::  ■  -t.i    m  mtnt,  f^rirard;'-  ■  t-  it  t'ne  art  of 

the-  Xctlicrland   ( lovvniin,  ni.   :ir  i  aihesion.  :  hieii  shil!  '-e  dep 'sited 


TllK  LAWS  AND  CUSTOMS  Dl    WAK  mN  I.XS'H 


lOS 


1899  iy07 

t>y  It  cnnimniiicatcil  fi  :ill  tin-    HhvT       ii;  f'lr  .iri/iK'.'.v  ■'(  </if  .ViMi/  CuM'rH- 

(•(intraititif'  l'i>wcrs,  nu'Ht. 

Tins  C'-crnmnit  sluill  at  o>uc  \:,'::ZTs'^'^. 
tiiiiiuiiit  I"  o.'i  //)<•  (itlin  /'.'Tf.-r.f 
a  <lii!y  colil'iid  <  fy  i'/  ''"'  ""''- 
thiitioii  ii.v  t.c.V  .l.f  I'/  f/li'  il<-<  0/ 
adhcs'uxi,  )iuiiliiiiiiu;  tin-  i/a/r  "n 
:./iii  /;  If  rciii-.fd  the  »i"/i'irii/i"ii. 

Amici.t-.  7 

7'''.'r  trcxiiit  Cini'cntton  slinll  i '"  '  - ' 
(•(||)ir  inti'  fo<ii\  ill  tin-  r.i.fc  .'/  //ii" 
rowers  iJiiih  :i\'<c  <)  /'<"^V  ^'  </'<• 
ftV.«/  deposit  (if  ratilitiilioiK.  sixty 
i!(iys  after  the  date  of  the  froces- 
7'erbal  of  this  deposit.  ouJ.  in  the 
case  of  the  Po:eer.t  .v/ziV/i  ratify 
.?i(/'.fr./;(i'»//v  ()''  :e!'ieh  adlieie, 
siitv  days  after  the  u  tineatioii  of 
tlieir  rati'ieatioii  or  ttf  their  ad- 
hesoui  has  been  reeei:ed  hy  the 
Xi  thrr!aihl  Go-eeriniietit. 


AidicLi:  5 


,\i;i!ci,i.  S 


In  the  cvi-iit  i)f  one  nf  ib.e  hi<;h  In  the  cvttit  of  ,.uc  of  the  coti-    n<-. -.n.iiti.in. 

coiitraetinL;      Parties     ileiiomiciiiL:  tr.uMiii','    !'•  reeis    :eish:i:o    to    de 

the  ]ire^Ciil  i'on\eiiti-ii,   -iieh   ile-  /i'mi;,-,-    the    jT^-iiit    ("nnveiition, 

Tiiinciatinn    wunld   n't   take   elTevt  tlie  'h  tniiiciatio:!  siial!  he  notified 

I'tiiil  a  vear  after  tlie  written  iioti-  /)/     -.oiifini;     to     the     Xetlieihiri! 

•u  ition    niaile   to    the    N'etherlainl  (7  >r    rjn  i.,'/.  lehieh   sha''  at  oi:ee 

(lovernment,    aivl    hv    it    at    once  c'Dniro-ioate  a  duly  e-rf:';,\t  eof^v 

coniMUinii-aleil  to  ail  the  other  eon-  ,',''  t!ie  noht'ieeti  a  to  a'l  th-  other 
tractiii;;  I'invers.  f',-:oers.    itr'oi-iiriui    throi    'O'    il;,- 

dale  on  -ohieh  it  :oas  leeeired. 

Thi-    denunciation    -ha!l    alTeci  Tlie     .!cnnnci;,tion     «liall     ..nly    ^f:{;''^f^^l  T' 

onlv  ttie  notifviiiir  Power.  have  elTei-t   in  re  'nrd  to  the  noti- 


106 


CONVENTIONS  11  Ol'  1899  AND  IV  OF  1907 


1899 


1907 

fying  Power,  and  one  year  after 
the  notification  has  reached  the 
Netlierlaiid  Government. 


Rfsistcr  of 
ratifications. 


Signing. 


Deposit 
of  original. 


In  faith  of  which  the  plenipo- 
tentiaries have  signed  the  present 
Convention  and  aJfixed  their  seals 
thereto. 

Done  at  the  Hague  the  29th 
July,  1899,  in  a  single  copy,  which 
shall  be  kept  in  the  archives  of  the 
Netherland  Government,  and 
copies  of  which,  duly  certified, 
shall  be  delivered  to  the  contract- 
ing Powers  through  the  diploma- 
tic channel. 


[Here  follow  signatures.] 


Article  9 

A  register  kept  by  the  Nether- 
land Ministry  for  Foreii^n  Affairs 
shall  i^ire  the  date  of  the  deposit 
of  ratifications  made  in  znrtiie  of 
Article  5,  paragraphs  3  and  4,  as 
well  as  the  date  on  which  the  noti- 
fications of  adhesion  (Article  6, 
paragraph  2),  or  of  denunciation 
(Article  8,  paragraph  1)  were  re- 
ceived. 

Each  contracting  Power  is  en- 
titled to  have  access  to  this  reg- 
ister and  to  be  supplied  ivith  duly 
certified  extracts. 

In  faith  whereof  the  plenipo- 
tentiaries have  appended  their 
sif/tiatures  to  the  present  Con- 
vention. 

Done  at  The  Hague,  the  iSth 
October,  igoj,  in  a  single  copy, 
which  shall  remain  deposited  in 
the  archives  of  the  Netherland 
Government,  and  duly  certified 
copies  of  which  shall  be  sent, 
through  the  diplomatic  channel, 
to  the  Powers  which  have  been 
invited  to  the  Second  Peace 
Conference. 

fHtre  follow  signatures.] 


.3rwK^^^mr 


^•^'P^f'^ 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


107 


1899 

/Innex  to  the  Coinciition 

REGULATIONS  RESI'l.CTlNG  THE 
LAWS  AND  CUSTOMS  OF  WAR  ON 
LAND 

Section  L — On  Belligerents 

Chapter    I. — On    the    Qualifica- 
tions of  Bellii^crents 

Article  1 

The  laws,  riglits.  and  duties  of 
war  apply  not  only  to  armies,  but 
also  to  militia  and  volunteer  corps 
fulfilling  the  following  conditions: 

1.  To  be  commanded  by  a  per- 
son responsible  for  his  subordi- 
nates ; 

2.  To  have  a  fixed  distinctive 
emblem  recognizable  at  a  dis- 
tance ; 

3.  To  carry  arms  openly;  and 

4.  To  conduct  their  operations 
in  accordance  with  the  laws  and 
customs  of  war. 

In  countries  where  militia  or 
volunteer  corps  constitute  the 
army,  or  form  part  of  it,  they  are 
included  under  the  denomination 
"army." 

Article  2 

The  population  of  a  territory 
which  has  not  been  occupied  who, 
on  the  enemy's  approach,  spon- 
taneously take  up  arms  to  resist 
the  invading  troops  without  hav- 
ing  time  to   organize   themselves 


Regulations. 


BelliKcrentB. 


QualiBcations. 


Application  of 
lawb  of  war 
tu  all  forces. 


Description. 


1907 

Annex  to  the  Conicniion 

REGULATIONS  RESPECTING  THE 
LAWS  AND  CUSTO.MS  OF  WAR  ON 
LAND 

Section  I. — On  Belligerents 

Chapter    I. — The    Qualificalions 
of  Belligerents 

Article  1 

The  laws,  rights,  and  duties  of 
war  apply  not  only  to  armies,  but 
also  to  militia  and  volunteer  corps 
fulfilling  the  following  conditions : 

1.  To  be  commanded  by  a  per- 
son responsible  for  his  subordi- 
nates ; 

2.  To  have  a  fixed  distinctive 
emblem  recognizable  at  a  dis- 
tance ; 

3.  To  carry  arms  openly;  and 

4.  To  conduct  their  operations 
in  accordance  with  the  laws  and 
customs  of  war. 

In  countries  where  militia  or 
volunteer  corps  constitute  the 
army,  or  form  part  of  it,  they  are 
included  under  the  denomination 
"army." 

Article  2 


The  inhabitants  of  a  territory   J^^i^^ff,",'"'^ 


lit 

y 
I 


Forces  include! 
in  "army." 


which  has  not  been  occupied,  who, 
on  the  approach  of  the  enemy, 
spontaneously  take  up  arms  to 
resist  the  invruling  troops  without 
having    had     time    to     organize 


zed. 


m^jsa^MMV'Af 


;SPa 


■^rmet^fiiss,  • 


z-^iBams^'-^.^.'' 


108 


cow  I-.\T;().\S  II  OF  I.IW  A\D  IV  OK  VX)7 


Ciri  liranl-  nn'l 


I'rl^  iners 


Resprinsibility 
of  caplunr.i! 
I  lovtriKTitnt 


1'. T"  nal 
l.i,-r,^!iips. 


1899 
in  accordance  with  Article  1,  shall 
hi-  rc.i,'ar(le<i  as  belligerent,  if  they 
rc>[)t'rt  the  laws  and  customs  of 


Article  3 

The  armed  forces  of  the  bellig- 
erent parties  may  consist  of  com- 
batants and  non-combatants.  In 
ease  of  cainure  by  the  enemy  boll; 
have  a  ri,t;ht  to  be  treated  as 
prisoners  of  war. 

Cii.M'TER    II.— (9»    Prisoners    of 
irar 

Article  4 

Prisoners  of  war  are  in  the 
power  of  tlie  hostile  Government, 
but  not  in  that  of  the  individuals 
or  corp^  who  captured  them. 

They  must  be  humanely  treated. 

.Ml  their  pcrMmal  belon.i^ings, 
except  arms,  luir-cs,  and  military 
papers   remain   their  iirojiertv. 


1907 

themselves  in  accordance  with 
Article  1,  shall  be  regarded  as 
belligerents  if  they  carry  arms 
openly  and  if  they  respect  the  laws 
and  customs  of  war. 

Article  3 

The  armed  forces  of  the  bellig- 
ent  parties  may  consist  of  com- 
batants and  non-combatants.  In 
the  case  of  captu'-e  by  the  enemy, 
both  have  a  right  to  be  treated  as 
prisoners  of  war. 

Cii.M'TER  II.— Prisoners  of  War 

Article  4 

Prisoners  of  war  are  in  the 
power  of  the  hostile  Government, 
but  not  of  the  individuals  or  corps 
who  capture  them. 

They  must  be  humanely  treated. 

.Ml  their  personal  be!onL;ings, 
except  arms,  horses,  and  military 
pai)ers,  remain  their  property. 


.\rticm;  -^ 
CiMieiiun'.  I'ri>oners   of    w.-ir   may    lie   in- 

terntil   in  a  town,  torlre--,  camp, 

or  any  other  localit\.  and  hound 

not    to    !.;o    1)1.  >(  Mid    cert;iin    ll.Ned 

limits:  hut  liie\-  can  muIv  he  con- 

fine<l  as  an  indis[)eii-,ilile  nuasure      cept  as  an  indispensable  measure 

of  safety.  of  safety  and  only  while  the  cir- 

cumstances whicli   necessitate  the 
incdsuie  continue  to  exist. 


.\kticle  5 

IVisoners  of  war  mav  be  in- 
terned in  a  town,  fortre->,  camp, 
or  other  place,  and  bound  not  to 
,iTo  beyond  certain  fixed  limits; 
hut  tlie\-  can  n^t  he  contlned  ex- 


-i:  v.,^lS-  .V ,-' w^-.s-SPLiSBBB ' 


THE  LAWS  AND  CUSTOMS  OF  WAR  OX  LAND 


109 


m 


1899 

ARTlCLbl    6 

The  State  may  utilize  the  labor 
of  prisoners  of  war  according  to 
their  rank  and  aptitude.  Their 
tasks  shall  not  be  excessive,  and 
shall  have  nothing  to  do  with  the 
military  operations. 

Prisoners  may  be  authorized  to 
work  for  the  public  service,  for 
private  persons,  or  on  their  own 
account. 

Work  done  for  the  State  shall 
be  paid  for  according  to  the  tariffs 
in  force  for  soldiers  of  the  na- 
tional army  employed  on  similar 
tasks. 

When  the  work  is  for  other 
branches  of  the  public  service  or 
for  private  persons,  the  conditions 
shall  be  settled  in  agreement  with 
the  military  authorities. 

The  wages  of  the  prisoners  shall 
go  towards  improving  their  posi- 
tion, and  the  balance  shall  be  paid 
them  at  the  time  of  their  release. 
after  deducting  the  cost  of  their 
maintenance. 


1907 

Article  6 


Eni[iloyiiicm 
at  lalH>r. 


The  State  may  utilize  the  la- 
bor of  prisoners  of  war  accord- 
ing to  their  rank  and  aptitude,  of- 
ficers excepted.  The  tasks  shall 
not  be  e.vcessive  and  shall  have 
no  connection  with  the  operations 
of  the  war. 

Pri-oners  may  be  authorized 
to  work  for  the  public  service,  for 
private  persons,  or  on  their  own 
account. 

Work  done  for  the  State  is  paid  r'a.v,n<.ni 
for  at  the  rates  in  force  for  work 
of  a  similar  kind  done  by  soldiers 
of  the  national  artny,  or,  if  there 
arc  none  in  force,  at  a  rate  ac- 
cording to  the  work  executed. 

When  the  work  is  for  other 
branches  of  the  public  service  or 
for  private  persons  the  conditions 
are  settled  in  agreement  with  the 
military    authorities. 

The  wages  of  the  prisoners  shall 
go  towards  improving  their  posi- 
tion, and  the  balance  >hall  be  paid 
them  on  their  release,  after  de- 
ducting the  Cost  of  their  mainte- 
nance. 


.'1 


I   ,' 


Article  7 

The  Government  into  whose 
hands  prisoners  of  war  have  fallen 
is  bnimd  to  maintain  them. 

Failing  a  special  agreement  be- 
tween  the  belligerents,   prisoners 


.\rticlk  7 


Ma 


The  Government  into  whose 
hands  pri^^oners  of  war  have  fallen 
is  ciiarged  with  their  mainte- 
nance. 

In    the    absence    of    a    spocinl    [^ 
agreement    between    the   bclliger- 


!   M 


■^rms>^ 


110  a)N\i:NTIt).\S  II  OF  1899  AND  IV  OF  1907 

1899  1907 

of  war  siiail  be  treatcil  as  regards  ents,    prisoners   of    war   siiail   be 

fooil.   quarters,   and   clothing,   on  treated  as  regards  board,  lodging, 

the  same  footing  as  tlic  troops  of  and  clothing  on  the  same  footing 

the   Clovernnient    which   has   cap-  as  tiie  trooi)s  of  the  Government 

lured  them.  who  captured  them. 


Subject  I 
iiilhl;ii  y 
Iaw>-.  fic 


In.siil'i  rtlinatiiMi 


Article  8 

Prisoners  cif  war  siiail  be  sub- 
ject to  the  laws,  regulations,  and 
orders  in  force  in  the  army  of  the 
State  into  whose  hands  they  have 
fallen.  .\ny  act  of  insubordina- 
tion warrants  the  adoption,  as  re- 
gards them,  of  such  measures  of 
severity  as  may  be  necessary. 

E.-cajied  prisoners,  recaptured 
before  they  have  succeeded  in  re- 
joining their  army,  or  before  quit- 
ting the  territory  occupied  by  the 
army  that  cajiturcd  them,  are  lia- 
ble to  disciplinary  punishment. 

Prisoners  who,  after  succeeding 
in  escaping  are  again  taken  pris- 
oners, are  not  liable  to  any  punish- 
ment for  the  previous  flight. 


Articf.e  8 

Prisoners  of  war  shall  be  .sub- 
ject to  the  laws,  regulations,  and 
orders  in  force  in  the  army  of  the 
State  in  whose  power  they  are. 
.\ny  act  of  insubordination  justi- 
fies tiie  adoption  towards  them  of 
such  me;  'Tes  of  severity  as  may 
be  considered  necessary. 

Escaped  prisoners  who  are  re- 
taken before  being  aMe  to  rejoin 
their  own  army  or  before  leaving 
the  territory  occupied  by  the 
army  which  captured  them  are 
liable  to  disciplinary  punishment. 

Prisoners  who,  after  succeeding 
reaping,  are  again  taken  pris- 
rs,  are  not  liable  to  any  pun- 
isnment  on  account  of  the  pre- 
vious flight. 


Ri'trut!. 


Articlf.  9 

Every  prisoner  of  war.  if  ques- 
tioned, is  bonnij  tn  declare  his  true 
name  and  rank,  and  if  he  disre- 
gards this  rule,  he  i-  lia!)'e  to  a 
curtailment  of  the  advantigcs  nc- 
corde  1  ti>  the  prisoners  of  war  of  gi\  en  tf)  prisoners  of  his  class  cur 
his  clasv  tailed 


.^RTICI.r:  9 

Every  prisoner  of  war  is  bound 
to  give,  if  he  is  (piestioned  on  the 
subject,  his  true  name  and  rank, 
and  if  he  infringes  this  rule,  he  is 
liable     to    have    the    advantages 


^M;'i:iw:mmm'mmL 


'\A 


?^% 


THE  LAWS  ANU  CUSTOMS  OF  WAK  ON  LAND 


111 


1899 

Article  10 

Prisoners  of  war  may  he  set  at 
lihcrtN  on  i)anile  if  llic  laws  "f 
their  country  authorize  it.  and,  in 
such  a  case,  tlicy  are  lioiuvl,  on 
their  i)ersonal  honor,  scrupulous- 
ly to  fulfil,  both  as  regards  their 
own  (lovcrnmcnt  and  the  Govern- 
ment by  whom  they  were  made 
prisoners,  the  engagements  they 
have  contracted. 

In  such  cases,  their  own  Gov- 
ernment shall  not  require  of  nor 
accept  from  them  any  service  in- 
compatible with  the  parole  given. 


.•\rticle  11 

A  prisoner  of  war  can  not  be 
forced  to  accept  his  liberty  on 
parole :  similarly  the  hn>tile  Gov- 
ernment is  not  obliged  to  assent 
to  the  prisoner's  request  to  be  set 
at  liberty  on  parole. 


1907 

Article  10 

Prisoner^  of  war  may  be  set  at 
liberty  on  parole  if  the  laws  of 
their  country  allow,  and,  in  such 
cases,  they  are  bound,  on  their 
personal  honor,  scrupulously  to 
fulfil,  both  towards  their  own 
Government  and  the  Govern- 
ment by  whom  they  were  made 
prisoners,  the  engagements  they 
have  contracted. 

In  such  cases  their  own  Gov- 
ernment is  bound  neither  to  re- 
quire of  nor  accept  from  them  any 
service  incompatible  with  the 
parole  given. 

.-\rticle  11 

A  prisoner  of  war  can  not  be  ^X.tH.iry'" 
compelled  to  accept  his  liberty 
on  parole:  similarly  the  hostile 
Government  is  not  obliged  to  ac- 
cede to  the  req'.iest  of  the  prisoner 
to  be  set  at  liberty  on  parole. 


kiniti'ii  <'f. 


P 

m 


!   I 


Article  12 

Any  prisoner  of  war,  who  is  lib- 
eraced  on  parole  and  recaptured, 
bearing  arms  against  the  Govern- 
ment to  whom  he  had  pledged  his 
honor,  or  against  the  allies  of  that 
Government,  forfeits  his  right  to 
be  treated  as  a  pii-oner  of  war. 
and  can  be  brought  before  the 
courts. 


Article  12 

Prisoners  of  war  liberated  on 
parole  and  recaptured  bearing 
arms  against  the  Government  to 
whom  they  had  pledged  their 
honor,  or  against  the  allies  of 
that  Government,  forfeit  their 
right  to  be  treated  as  pri.-oncrs  of 
war.  and  can  be  brought  before 
the  courts. 


["■'I  fri'nre 

it  par. If. 


:-^-^;:^m-"w«^i^^-, 


!^ 


112 


C0N\1:NT10NS  ll  OI-  1899  AND  IV  OF  1907 


Treatment 
of  captured 
reporters, 
smltTJ,  fic. 


1899 

Article  13 

Ititlivi<!iials  wlio  follow  an  army 
willuMit  directly  belonging  to  it, 
siK-Ji  as  newspaper  correspondents 
aiiil  reporters,  sntlers,  contractors, 
who  fall  into  the  enemy's  hands, 
and  whom  the  latter  think  fit  to 
detain,  have  a  right  to  be  treated 
as  prisoners  of  war,  provided  they 
can  produce  a  certificate  from  the 
military  authorities  of  the  army 
they  were  accompanying. 


1907 
Article  13 

Individuals  who  follow  an  army 
without  directly  belonging  to  it, 
such  as  newspaper  correspondents 
and  reporters,  sutlers  and  con- 
tractors, who  fall  into  the  enemy's 
hands  and  whom  the  latter  thinks 
exi)edient  to  detain,  are  entitlecf 
to  be  treated  as  prisoners  of  war, 
provided  they  are  in  possession  of 
a  certificate  from  the  military 
authorities  of  the  army  which 
they  were  accompanying. 


Riirrau  at  in- 
formation to 
be  established. 


Fl;'-    ti'TJ 


.\RTicr.E  14 

.\  bureau  for  information  rela- 
tive to  prisoners  of  war  is  insti- 
tuted, on  the  commencement  of 
lio-tilities,  in  each  of  the  belliger- 
ent .'^tates,  and,  when  necessary-,  in 
the  neutral  countries  on  whose  ter- 
ritory belligerents  have  been  re- 
ceived. This  bureau  is  intemlcd  to 
aiKwer  all  inquiries  about  pris- 
oners of  war,  and  is  furnished  by 
the  various  services  concerned 
with  all  the  necessary  information 
to  enable  it  to  keep  an  individual 
return  for  each  prisoner  of  war. 
It  is  kept  informed  of  internments 
and  changes,  as  well  as  of  admis- 
sion- into  hospit;il  and  deaths. 


Article  14 

-An  inquirv'  office  for  prisoners 
of  war  is  instituted  on  the  com- 
mencement of  hostilities  in  each 
of  the  belligerent  States,  and, 
when  necessary,  in  neutral  coun- 
tries which  have  received  bellig- 
erents in  their  territory.  It  is  the 
function  of  this  office  to  reply  to 
all  inquiries  about  the  prisoners. 
It  receives  frotn  the  various  serv- 
ices concerned  full  information 
respecting  inteniments  and  trans- 
fers, releases  on  parole,  exehjiii/es. 
eseapes.  admissions  into  hospital. 
ileatiis.  as  well  as  other  informa- 
tion necessary  to  etiable  it  to 
n),'ke  out  and  keep  up  to  date  an 
individual  return  for  each  pris- 
oner of  war.  The  ofHce  must  state 
in  this  return  the  regimental  num- 
ber, name  and  surname,  a^i;e,  place 
of  orii^in,  rank,  unit,  wounds,  date 


^HIP&^'y:^-^» 


T\.^Hiat: 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


113 


1899 


It  is  also  the  duty  of  llie  infor- 
mation bureau  to  receive  and  col- 
lect all  objects  of  personal  use, 
valuables,  letters,  etc.,  found  on 
the  battlefiel'ls  or  left  hy  prisoners 
who  have  died  in  hospital  or  am- 
bulance, and  to  transmit  them  to 
those  interested. 


1907 

and  /-/t/ct'  of  capture,  internment, 
-iKOiindiiii;,  and  death,  as  well  as 
any  vbscrvatwns  of  a  special  char- 
acter. The  indiindual  return  shall 
be  sent  to  the  Government  of  the 
other  belligerent  after  the  con- 
clusion of  peace. 

It  is  likewise  the  function  (jf  the 
in(iuiry  ciIVk-c  to  receive  an<l  cii!- 
kct  all  objects  (jf  personal  use, 
valuables,  letters,  etc.,  fijund  on 
the  field  of  battle  or  left  by  pris- 
cnurs  who  have  been  released  on 
parole,  or  e.vchan.;ed,  or  z^'ha 
haz'f  cs.'.-l'ed,  ir  ditd  in  hospitals 
r.r  ambulances,  and  to  forward 
them  to  tliu-e  cuiicenud. 


ti  property. 


Aktici-k  15 

I\i.'lief  societies  for  prisoners  of 
V.  nr.  which  arc  reg-ularly  consti- 
tuted in  accordance  with  the  law 
of  tl:e  crmtry  with  the  object  of 
serving-  as  ii.c  iiiicnneduiry  i-  r 
charity,  shall  receive  from  the  bel- 
litjerents  for  themselves  and  their 
duly  accredited  agents  every  facil- 
ity, within  the  bounds  of  military 
recjuirenients  and  administrative 
recjidations,  for  tiie  effective  ac- 
complishment of  their  humane 
task.  Delegates  of  these  -ocietics 
may  be  admitted  to  the  places  of 
internment  fur  the  distribution  of 
relief,  as  al-o  to  the  halting  place- 
of  repatriated  prisoners,  if  fur- 
nished with  a  personal  permit  by 
the   military   authorities,    and    on 


Articli;  15 

Relief  societies  for  prisoners  of  ^\: 
war.  which  are  properly  consti- 
tuted in  accordance  with  the  laws 
of  their  country  and  with  tne  ob- 
iict  (if  -erviiiL;  .i-  the  channel  for 
charitable  effort  shall  receive  froni 
the  belligerents,  ior  tiirnsc'ves 
and  their  duly  accre^'ited  agents 
every  facilitx  for  Xh>t  •.fficient  per- 
formance of  their  humane  ta-k 
within  the  boinuls  imposed  by 
military  neccs-ities  and  adminis- 
trative regulations,  .\gents  of  .v--'- 
these  societies  may  be  a  Iniitted  t-i 
the  places  of  inrcrnnient  for  the 
ptirpn-e  of  distributing  relief,  as 
:''-o  to  the  halting  places  nf  re[i.'i- 
tri'itecl  prisoners,  if  fnriiid.ed  with 
a  personal  permit  by  the  military 


I  ■ 


:,T.''>^:g?'j  iJiWUi.aj't^  '^*«JU" 


114 


CONVI'.NTIONS  11  Ol'  1899  AND  IV  01-"  1907 


1899  1907 

giving  an  ciigagcimiit  in  writing  autlioritits,  and  on  giving  an  nn- 
tu  comply  with  all  llicir  rcgiila-  dcrtakiiig  in  writing  to  comply 
tii>ns  I'ur  onltr  and  police.  with   all    measures   of  oriler   and 

police  wliicli  the  latter  may  issue. 


PriviliRf  « 


Akiiclk  16 

The  inforniation  buicau  sliall 
have  the  privilege  of  free  iH)>tage. 
Letters,  nii>ney  orders,  and  valu- 
ables, as  well  as  postal  parcels  des- 
tined for  the  prisoners  of  war  or 
divpatclud  hy  them,  shall  be  free 
of  all  p(.stal  duties  both  in  the 
countrio  of  origin  auil  di-tina- 
tion.  as  well  as  in  tho^e  tliey  pass 
through. 

Gifts  and  relief  in  kind  for  pris- 
oners of  war  shall  be  admitted  free 
of  all  duties  of  entry  and  others, 
as  well  as  of  payments  for  carriage 
by  the  Government  railways. 


Article  16 

Iinpiiry  offices  enjoy  the  i)rivi- 
legc  of  free  postage.  Letters, 
mciney  orders,  and  valuables,  as 
well  as  ])arcels  by  post,  intended 
for  |)ri^oners  of  war,  or  dispatched 
by  them,  shall  be  exempt  from  all 
l)o-tal  duties  in  the  countries  of 
origin  and  dc'-tination,  as  well  as 
in  the  countries  they  pass  through. 

Presents  and  relief  in  kind  for 
prisoners  of  war  shall  be  admitted 
free  of  all  import  or  other  duties, 
as  well  as  of  payments  for  carriage 
by  the  State  railways. 


Artici-f.  17 

Officer'^  taken  prisoners  may  re- 
ceive, if  necessary,  the  full  pay 
allowed  them  in  thi^  position  by 
their  country's  regidntions,  the 
amount  to  be  repaiil  by  their  Gov- 
ernment. 


Article  17 

Officers  taken  prisoners  shall  re- 
ceive the  same  rate  of  pay  as 
officers  of  corresponding  rank  in 
the  country  where  they  are  de- 
tained, the  amount  to  be  tiltimatc- 
ly  refunded  by  their  own  Govcni- 
ment. 


.•\rticlf.  18 

Rciipoujiibcr-y,  PrisoHcrp  of  w.  f  sli.ill  enjoy 
even.-  latitude  in  the  exercise  of 
their  religion,  including  attend- 
ance at  their  own  church  services, 
provided   only  they  comply  with 


■Article  18 

Prisoners  of  war  shall  enjoy 
complete  liberty  in  tlie  exercise  of 
their  religion,  including  attend- 
ance at  the  services  of  whatever 
church   they   may   belong  to,   on 


iS^^XiJiSL^.T"?^- 


•ISPBS5 


liV 


TlIK  I.AW-S  ANlJ  CUSTOMS  (Jl'  WAR  ON   I.AM) 


115 


1899  1907 

the  rc^nil.ilirjns  for  order  and  po-  tlic  n'iIc  coiidili'Mi  tliat  tiny  com- 
lice  issued  hy  the  military  aiitliori-  ply  with  the  nua-urc^  of  f.rdcr 
ties.  and  police  i^^ued  hy  the  military 

aulhoritic^. 


AklKI.K    \'J 


Ai'iKi-i;  I'J 


The  will-   of   [jri^oiieri  of  war  Tlu;  will-  of  jiri-oncr-   of  war 

arc  receiveil  or  drawn  up  on  the      arc  received  or  drawn  up  in  the 
same  conditions  as  for  -oldiers  of 
the  national  army. 

The    ^anic    rules    ''hall    he   ol>- 


scrved  refj;ardinj;  death  certificates, 
as  well  as  for  the  hurial  of  pris- 


same   was    a^   for  nol'iiers  of  the 
national  arms-. 

The  -atiie  rulei  -hall  he  oh- 
servcfl  reL,'ardin;j  (iiath  rertificate-, 
a^  well  as  for  the  burial  of  pri-- 


bunall,  rtc. 


oners  of    war,   due   re^'ard   being      oner-   of   war,   due   rejjard   bein;,' 
paid  to  their  grade  and  rank.  paid  to  their  grade  and  rank. 


Article  20 


Am  ici.F.  20 


After  the  conclusion  of  peace,  .After  the  conc!u-i''n  of  peace,    '<<-:air!atir,r. 

the    repatriation    of   prisoners   of  the    rejjatriation    of   pri-oner-    of 

war  ^llall  take  place  as  -peedily  as  war  shall  be  carried  out  as  quickly 

possible.  a-^  jxjs-ible. 


i    i 


Cn.M'TF-R  III. — On  the  Sick  and 
Wounded 

Article  21 

Tlie  ohlicrations  of  bellicjercnts 
with  rec:ard  to  the  sick  and 
wounded  arc  q-ovcrned  hy  the 
Geneva  Convention  of  the  22(1 
August,  1864.  subject  to  any  niorl- 
ifications  which  may  be  introduceri 
into  it. 


Ch.aptek     III. — The     Sick     and 

Wounded 

.■\rtici.e  21 

The  obligations  of  bc!Ii;jcrent- 
with  reirard  to  the  -ick  and 
wounded  are  troverned  bv  the 
Geneva  Convention. 


1  k  an'l 


■  11 '.'"n'l^n 


116 


CONVKNTIONS  II  OF  18W  AND  IV  OF  1907 


llottlllllt-t. 


Mrain  n( 
iniunnn  enemy, 
Kirifc*.  and 

ti('intiar'im<'nt«. 


1899 
Siciiiis    II.— On    Hostilities 

Cm  m'TI  r  I.— On  Means  of  Injur- 
iiuj  the  Enemy,  Su\i^es,  and 
Boinbardmcitts 

Akikle  11 


1907 

Section   II. — Hostilities 

CiiAi'TKR  I. — Means  of  Injuring 
tUe  Enemy,  Sie^^es,  and  Bom- 
bardments 

Article  22 


Kniriuion.  '["lie    right    vi    bcili^cronts    to         Tlie    right    of    belhRcrents    to 

adopt     means     of     injuring    the      adopt     means     of     injuring     the 

I        ■.      I  :  , »  l;..,:.  .1 


LiKiiiv  !->  iitil  iiiihiniU'd. 


enemy  i.s  not  unlimited. 


ITii!;iliitioti« 


I'oi- 


i'reri:htr> 


KilniL'  t'- 
s'l.  rrr  jiT 


•I  ci'--.ir\ 


fir  sei7iire 
nf  IT";  erty. 


Article  23 

r.c>ide>  the  proliiUitions  pro- 
vided by  special  Conventions,  it  is 
especially  prohibited — 

(a.)  To  emi)loy  poison  or  pois- 
oned arms ; 

(b.)  To  kill  or  wound  treach- 
erou-'Iy  individual-  belonging  to 
the  hostile  nation  or  army ; 

(  c.)  To  kdl  or  wound  an  enemy 
who.  haviuL,'  laid  down  arms,  or 
luviuL,'  no  lonu,'er  means  of  de- 
iciu'i-.  li:i>  -.urrendcred  at  discre- 
tion ; 

■  d.  I  'I'll  ilechire  that  no  ([uarter 
u  ill  111'  ^i-iveii  ; 

I  r,  1  To  mipl  ly  arm-,  projec- 
tile-, or  material  of  ;i  nature  tf> 
cau-L-  -i!pcriluou<  injury  ; 

if.)  1.1  nialce  iniprdinT  \i-e  of  a 
Has,'  of  Inice.  the  nalion.al  ilag  or 
military  in>iLjii-  and  uniform  of 
the  enemy,  ,'is  well  ;i-  the  dis- 
tinctive badges  of  the  Geneva 
Convention  ; 

(.;'.)  To  de-troy  vr  seize  the 
enemy"-  property,  unk---  such  de- 


.Article  23 

In  addition  to  the  prohibitions 
I)rovided  by  s])ecial  Conventions, 
it  i^  especially  forbidden — 

((I.)  To  employ  poison  or  jwis- 
oned  weajxins ; 

(b.)  To  kill  or  wound  treach- 
erou-ly  individuals  belonging  to 
the  lioitile  nation  or  amiy ; 

icA  To  kill  or  wound  an  enemy 
who,  having  laid  down  his  arms, 
or  having  no  longer  means  of  tic- 
fence,  has  surrendered  at  discre- 
tion ; 

(d.)  To  declare  that  no  quarter 
will  be  given : 

(^."1  To  employ  arms,  projec- 
tiles, or  material  calculated  to 
cause   unnecessary   suffering; 

if  A  To  make  improper  use  of 
a  flag  of  truce,  of  the  national  flag 
or  of  the  military  insignia  and  uni- 
form of  the  enemy,  as  well  a-  the 
distinctive  ba'lges  of  the  Geneva 
Convention ; 

(::,.)  To  destroy  or  seize  the 
enemy's  property,  unless  such  de- 


THE  LAWS  AND  CUSTOMS  Of  WAR  f)N  LAM) 


117 


1899  1907 

stnicliiiii  or  -letzuic  l>c  im|)cra-  structinii  or  ,si-i/iiic  bo  impirativc- 
tivcly  (Icniaiideil  by  tbe  necessities  ly  iliinan(K(l  l)y  tlic  iieccs^ities  of 
of  war.  war; 

(/». )  V'li  di'ilarc  aboli.sltrd,  sits- 
pendcd,  or  ifuidmissihlr  in  a  ihkiI 
of  A/ti'  the  rights  and  iUtions  of 
the  nati'inals  of  the  h'>stdc  f'arty. 
A  I'elli.^cri-iit  is  liki-u'i.u-  for- 
bidden to  e«mfel  the  nationals  of 
the  hostile  forty  to  lake  fart  in 
the  oferations  of  war  directed 
a;^ainst  their  or.  «  country,  even  if 
they  xeere  in  the  hellii^ercnt's 
scr^'ice  be/ore  the  eoinnienceincnt 
of  the  uvr.' 


Kmlil. 


1  ..r,.,|  . 


t  .MIC   » 

'iimry. 


Aki'ici.k  24 


AKTicr.K  24 


'■"1  tiu-  c,n,,ioy-  ;;•;':;:■;;«„ 


Ruses  of  war  and  tbe  employ-  Ruses  df  ,. 

mciit  of  mctbiids  necessary  to  ob-  nunt   nt    i..i.i.Mircs   iiecc"ary    l'>r 

tain  information  about  tbe  enemy  obtaining'    infMrinatidti    aljoui    tbe 

and    tbe   country,   are   considered  cnnii\-  and   tbe  cmmlry   arc  con- 

alliiwable.  sidcred  |nrmis>iIilo. 


1    ' 
I 


!   I 


Articm-:  25 

Tbe  attack  or  bombarchrent  of 
towns,  vilhiRes,  babitatioiis  or 
buibbu!,'-.  wbicb  are  not  defended, 
i>  probibited. 


Akiici.i;  25 

Tbe  attack  or  bumbardiiKrit, 
by  wliaterer  nieans,  of  towns,  vil- 
latje^,  dwelHni^'s.  or  biiiMinL;-^ 
wbicb  are  unilcfrndcd  i>  pro- 
bibiled. 


i    I 


Artici.i:  2'> 

Tbe  commander  of  an  attacking; 
force,  liefore  conimeiicinc;  a  iMim- 
bardn'eiit.  except  in  tbe  case  of  an 
as>ault.  --buuld  do  all  be  can  to 
wnrn  tbe  authorities. 


ARTirr.r  2''i 

I'lic  otVicer  ii;  c'>niin  iiid  of  an   ^  .."I'.mLni'nn 
att.icking  force  nm^t.  liri'i.re  c  ui- 
meiirin'_j   a    ' 'imliardniciit.   >  \ci.|)t 
in  ca--es  of  assault,  do  all  in  bis 
ix)wer  to  warn  tbe  autborities. 


'Cf.  Article  -41  ..j   the   iS'C)  I.  i.ii\i-iitii>ii.  ^  •.<!,  p.   12.i, 


.aMESSi^'lS- 


iiKr,\ -::"''  iwsF'ji:^ 


■  rzi*:/-- 


118 


tONVF.NTlONS  II  OF  1899  AND  IV  OF  1907 


IliiiMinsi.  etc., 


N.itifiiai-  m    .f 


1899 

Aktici.k 


1907 

Articlk  27 


111  ^iv^,'i.^  and  lioiiibardmciits  all  In    >it.'j;c--    and    honitiardmcnts 

iHii  -  aiy  ?>ii.'iM  >l.i)uld  111'  lakcn  to  ail  iii'ic^-ary  -icp^  uui^i  hi-  taken 

-[Mif   a-    iar   a^   po>Mi)!c    cdilict  in  -ii.iii',  .i-.  f.ir  a^  iii)>>ililc,  lniiM- 

dcv'tid    t"    rcIigiDii,   art.    M'itiicf,  iii^;s    ilcdicatfd    tu     tvli>;ioii,    art, 

and   ilianly,  iKispitaN.  ami  places  scicnci.-,    or    cliaritahlc    [lurpusi.-,--. 

uhcif   tlio  ^ii-k   and   \\(Hiiidi.'il  arc  liislnri^-      miiint)iii-iil.i,      li'  ^iiilal-, 

Collected,    provided   tlicy    arc   not  and    places    where    the    -uk    and 

ii-cd  at  the  >anie  time  for  military  woiiiuled    arc   colkcted,   pruviilcd 

purposes.  they   are    not    being   used   at    the 

time  for  military  pnrpo-c-. 

The    besieged    should    indicate  It  is  the  duty  of  the  besiej^'cd  to 

these  l)uildini,'s  or  places  by  some  indicate    the    presence    of     such 

particular  and  visible  sign-,  which  buildi;;gs  or  places  l)y  ili^tinctive 

should    previously    he   notitied    to  and  vi-ihic  signs,  which   shall  he 

the  asvailants.  notified  to  the  enemy  beforehand. 


■  ilcl. 


Spirs 


AkTici.r.  2.S 

The  pillage  "f  a  town  nr  place, 


evi'ii    when    taken    by 
proliibited. 


s>aull. 


(iiAi'ii.u   II. — Oil  Spies 
.Nkiii.  ij;  2^) 

.\u  individual  can  only  be  con- 
-idcnil  a  ~py  if.  actinia  clandes- 
tinely, or  on  false  iireteuces,  be 
obl.iin^,  "T  seeks  to  obtain  infor- 
mation in  the  zone  of  oijerations 
of  a  belligerent,  with  the  intention 
of  communicating  it  to  the  hostile 
party. 

Thus,  soldiers  not  in  disguise 
who  have  penetrated  into  the  zone 
of  operations  fif  a  hostile  amiy 
to  obtain  information  are  not  cr  n- 


.•\rtici.k  28 

The  pillage  of  a  town  or  place, 
even  when  taken  by  assault,  is 
prohibited. 

ClI.XPTF.R    II. — .S'/'lV.t 

Artici.i;  -I 

A  per-on  can  only  he  con>idered 
a  spy  when,  acting  clandestinely 
or  on  fal-e  pretences,  he  obtains 
or  endeavors  to  obtain  informa- 
tion in  the  /rone  of  oper.itious  of  a 
belligerent,  with  the  intention  of 
communicating  it  to  the  hostile 
party. 

Thus,  soldiers  not  wearing  a 
disguise  who  have  penetrated  into 
the  zone  of  operations  of  the  hos- 
tile army,  for  the  purpose  of  ob- 


/K:^'.gs^ii.^-^.'i■';^^flP■.f^i:,l .  jsst. 


A-.-..^A.:Jj4.. 


'►rsx 


■^^Pi^V^^OKKSSFVW^j^.Mi 


lUi'.iX. 


TllK  I.AWS  AND  CUSTOMS  OK  WAR  ON  LAND 


119 


1899 

siilcrcil  S|)it^.  Similarl),  tlif  fol- 
luAiiif,'  arc  not  (.oiisiclered  spies ; 
sdMicr--  iir  civili.ins.  carr\iiij,'  uiit 
llii'ir  itii^-iiili  (i(ii.tily,  cImij^ciI  uilli 
the  delivery  of  despatcliei  destined 
either  for  their  own  army  or  for 
tliat  of  the  enemy,  lo  this  elass 
heloHj,'  hkewise  individuals  sent  in 
balloons  to  deliver  dcspatelies,  and 
generally  lo  maintain  communica- 
tion between  the  various  parts  of 
an  ariii)   or  a  territory. 


1907 
taining  information,  are  tujt  con- 
sidind  s|)ii-..  Similarly,  the  fol- 
lowing; are  not  coii^idereil  >pies; 
Soldier^  and  civihan;.,  carrying 
out  tiieir  iiii-^Moii  openly,  in- 
tin^icd  witii  the  delivery  of  des- 
[Miciies  intemled  either  for  their 
oun  army  or  for  the  enemy's 
army.  To  this  class  belonj,'  like- 
wise persons  sent  in  balloons  for 
the  purpose  of  carrying  des- 
patches and,  t;enerally,  of  main- 
taining communications  between 
the  different  parts  of  an  army  or 
a  territory. 


I 


Artici.k  30 


Article  30 


A  spy  taken  in  tiie  act  can  not         A  spy  taken  in  the  act  shall  not   Tri»i  rciu.rea. 
be  punished  with  nit  previous  trial,      be  punish. d  without  previous  trial. 


Article  31 


Article  31 


A  si)y  who,  after  rejoining  the  .\  spy  who,  after  rejoining  the  >ii|i-<''iuent 

army  to  which  he  belongs,  is  sut>-  army  to  which  he  belongs,  is  sub- 

se(iiiemly  captured  by  the  enemy,  scquently  captured  by  the  enemy, 

i- treated  as  a  ])ri~oner  of  war,  and  is   treated  as  a   prisoner   of   war, 

iiK-ur>    no    responsibility    for    his  and    incurs   no   rcs|wnsil)ility    for 

j)revious  acts  of  espionage.  his  previous  acts  of  espionage. 


Chapter   III. — On  Flags  of 
Truce 

Article  32 


Chapter  III.— F/acJ  of  Truce     I'ag,,.  ,r„«. 


Article  32 


An  individual  is  considered  as  .A  person  is  regarded  as  a  parle- 
a  parlemcntaire  who  i>  authorized  mentaire  who  has  been  author- 
by  one  nf  the  belligt:re!\i'-  to  en-  ized  by  one  of  the  belligerents  to 
ter  into  communication  with  the  enter  into  communication  with  the 
other,   and   who   carries   a   white  other,  and  who  advances  bearing 


Invi'.laljility 
o(  bearers. 


A:rtC 


.-J  -i 


120 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


Reception  not 
cumpulsory. 


1899 
flag.  He  has  a  right  to  inviola- 
bility, as  well  as  the  trumpeter, 
bugler,  or  drummer,  the  flag- 
bearer,  and  the  interpreter  who 
may  accompany  him. 

Article  33 

The  chief  to  whom  a  parlemen- 
taire  is  sent  is  not  obliged  to  re- 
ceive him  in  all  circumstances. 

He  can  take  all  steps  necessary 
to  prevent  the  parlementaire  tak- 
ing advantage  of  his  mission  to 
obtain  information. 

In  case  of  abuse,  he  has  the 
right  to  detain  the  parlementaire 
ti-mporarily. 


1907 

a  white  flag.  He  has  a  right  to 
inviolability,  as  well  as  the  trum- 
peter ,  bugler  or  drummer,  the 
flag-bearer  ami  interpreter  who 
may  accompany  liim. 

Article  33 

The  commander  to  whom  a  par- 
lementaire is  sent  is  not  in  all  cases 
obliged  to  receive  him. 

He  may  take  all  the  necessary 
steps  to  prevent  the  parlementaire 
taking  advantage  of  his  mission  to 
obtain  information. 

In  case  of  abuse,  he  has  the 
right  to  detain  the  parlementaire 
temjwrarily. 


Treas<tn  of 

juirU-nifiitaiic. 


Article  34 


Article  34 


The     parlementaire     loses     his  Tin-     iiarkiiientaire     id-ts     lii~ 

rights    of    inviolability    if    it    is  rights    of    inviolability    if    it    is 

l^roved  t)eyond  doubt  that  he  has  proved  in  a  clear  and  incimtesta- 

laken  advantage  of  bis  privileged  ble  manner  that  he  has  taken  ad- 

l)osition  to  provoke  or  commit  an  vantage  of  his  privileged  position 

act  of  treason.  to  provoke  or  commit  an  act  of 

treason. 


('apitnLlt;    ns. 


Military  hnniir 
ti>  I'C  nhscrved. 


Cii.M'TKR    I\'. — On    Ca['itu!ations 
.•\RTlCLr.  3? 

Capitulations  agreed  on  be- 
tween the  contracting  Parties 
must  be  in  accordance  with  the 
rules  of  military  honor. 

When  once  settled,  they  must 
'le  scrupulously  observed  by  both 
'ho  p.irties. 


Cn.\PTi;i<    I\'. — Caf-itnlations 
.\rti(  Li:  3.S 

r.ipitulntions  agreed  upon  be- 
tween the  contracting  Parties 
nui-t  take  into  account  the  rules 
of  military  honor. 

Once  settled,  they  must  be 
scnipult>usly  observed  by  both 
jinrties. 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


121 


1899 
Chapter  V. — On  Armistices 

Article  36 

All  annistice  suspends  military 
operations  by  mutual  agreement 
between  the  belligerent  parties. 
If  its  duration  is  not  fixed,  the 
belligerent  parties  can  resume 
operations  at  any  time,  provided 
always  the  enemy  is  warned  with- 
in the  time  agreed  upon,  in  ac- 
cordance with  the  terms  of  the 
armistice. 


1907 
Chapter   V. — Armistices 

Article  36 


Armistices 


An  armistice  suspends  military  F-ff«'- 
operations  by  mutual  agreement 
between  the  belligerent  parties. 
If  its  duration  is  not  defined,  the 
belligerent  parties  may  resume 
operations  at  any  time,  provided 
always  that  the  enemy  is  warned 
within  the  time  agreed  upon,  in 
accordance  with  the  terms  of  the 
armistice. 


J. 


Article  3/ 

An  armistice  may  be  p;eneral  or 
local.  The  first  suspends  all  mili- 
tary operations  of  the  belligerent 
States ;  the  second,  only  those 
between  certain  fractions  of  the 
belligerent  armies  and  in  a  fixed 
radius. 


Article  37 

An  armistice  may  be  general  or  c;""-r=i. 
local.  The  first  suspends  the 
military  operations  of  the  bellig- 
erent States  everywhere ;  the  sec-  ^"'^'''■ 
ond  only  between  certain  frac- 
tions c>f  the  belligerent  armies  and 
within  a  fixed  radius. 


Article  38 


Article  38 


An    armistice   must    be   notified  An    arniistiic   must    l)e   n(itirHcl 

officially,  and  in  good  time,  to  the  officially  and  in  good  time  to  the 

competent     authorities     and     the  competent  authorities  and  to  the 

troops.     Ilo'tilities  are  su-pended  troops.     Hostilities  .ire  suspended 

immediately  after  the  notification,  immediately    after    the    notifica- 

or  at  a  fixed  date.  lion,  or  on  the  date  fixed. 


N>t,fii-.nti, 


>'isii«*nsion 
nf  lu'Stilitics 


A,  'ICLE  39 


.\rtici.k  39 


It  is  for  the  contrarting  Parties  It    rests    with    the    contracting   ^,';'';"',i"^.';f|^'"" 

to  settle,  in  the  terms  of  the  ar-  Parties  to  settle,  in  the  terms  of   >n!i.ii.iia.ns, 

mistire.  what  cnninuitiicatii>ns  may  the   annistice.    what    ciimnuinica- 

bc  held,  on   the  theatre  of   war,  lions  mav  he  held  in  the  theatre 


1:1 


122 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


1899 
with  the  population  and  with  each 
other. 


1907 

of  war  with  tlie  inhabitants  and 
between  the  inhabitants  of  one 
belligerent  State  and  those  of  the 
other. 


Effect  of 
viulaliiui 
by  I'owcrs. 


Article  40 

Any  seriuiis  violation  of  the  ar- 
mistice by  one  of  the  parties  gives 
the  other  party  the  right  to  de- 
nounce it,  and  even,  in  case  of 
urgency,  to  recommence  hostili- 
ties at  once. 


Article  40 

Any  serious  violation  of  the 
armistice  by  one  of  the  parties 
gives  the  other  party  the  right  of 
denouncing  it,  and  even,  in  cases 
of  urgency,  of  recommencing  hos- 
tilities immediately. 


Vuilatiwn  hy 
private  persons. 


Article  41 

A  violation  of  the  terms  of  the 
armistice  by  private  individuals 
acting  on  their  own  initiative,  only 
confers  the  right  of  demanding 
the  ]iunishment  of  the  offenders, 
and,  if  necessary,  indemnity  for 
the  losses  sustained. 


Article  41 

A  violation  of  the  terms  of  the 
armistice  by  private  per.sons  act- 
ing on  their  own  initiative  only 
entitles  the  injures  party  to  de- 
mand the  punishment  of  the 
offenders  or,  if  necessary,  com- 
pensation for  the  losses  sustained. 


Military 
an'.I.Tity 
over  ca'i'tured 
territory. 


.\rtiial 
occupation. 


Ejittnt. 


SlXTION   III. — ().\   MILIT.^RV  Au- 

TiKiKiTV  ovKR  Hostile  Terri- 
tory 

Article  42 

Territory  is  considered  occupied 
when  it  i-  actually  placcil  under 
the  auiiiority  of  the  hostile  army. 

The  occupation  ajiplies  only  to 
the  territory  where  such  authority 
is  established,  and  in  a  position  to 
assert  itself. 


Section-  III. — Milit.\rv  Au- 
thority OVER  THE  Territory 
OF  THE  Hostile  State 

Article  42 

Territory  i-  considered  occupied 
when  it  is  actually  placed  under 
the  authority  of  the  hostile  army. 

The  occupation  extends  only  to 
the  territory  where  such  authority 
has  been  established  and  can  be 
exercised. 


^mi^z^ij^jmrn^w  \ 


''^i^^-MtiW^W^^m^ 


ik.  -■*'•: 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


123 


1899 
Article  43 

The  authority  of  the  legitimate 
power  liavinj^  actually  passed  into 
the  liaii'ls  of  the  occupant,  the  lat- 
ter shall  take  all  stei>s  in  his  power 
to  re-c>lal)li>h  and  insure,  as  far 
a,*  iiosible,  puhlic  order  and  safe- 
ty, while  respecting,  unless  ahso- 
lutely  prevented,  the  laws  in  force 
in  the  country. 


1907 

AltTlCLE  43 

The  authority  of  the  legitimate  ''f,";^;?""" 
power  having  in  fact  passed  into  »nJsafeiy- 
the  hands  of  the  occupant,  the 
latter  shall  take  all  the  niea>ures 
in  his  power  to  restore,  and  en- 
sure, as  far  ai^  possible,  public  or- 
der and  safety,  while  respecting, 
unless  absolutely  prevented,  the 
laws  in  force  in  the  countrv. 


Article  44' 

Any  compulsion  of  the  popula- 
tion of  occupied  territory  to  take 
part  in  military  operations  against 
its  own  country  is  prohibiied. 


Article  45 

Any  pressure  on  the  population 
of  occupied  territory  to  take  the 
oath  to  the  hostile  Power  is  pro- 
hibited. 

Article  46 

Family  honors  and  rights,  in- 
dividual lives  and  private  proper- 
ty, as  well  as  religious  convictions 
and  liberty,  must  be  respected. 

Private  property  can  not  be  con- 
fiscated. 

Article  47 

Pillage  is  formally  prohibited. 


.Article  44- 
A    belligerent    is    forbidden   to   Forcing  infor- 

o  matiun  from 

force  the  inhabitants  of  territory   '"''^^i'^"** 

lorbidaen. 

occupied  by  it  to  furnish  informa- 
tion about  the  ar)ity  of  the  other 
belligerent,  or  about  its  means  of 
defense. 

Article  45 

It  is  forbidden  to  compel  the  in-    '^['^ll^,^^^ 
halutants  of  occupied  territory  tc    '"rbidien. 
swear    allegiance    to    the    hostile 
Power. 

Article  46 

Family   honor   and    rights,   the   pr'.n'rrty"1) 
live-  of  persons,  r.nd  private  prop-   •><-■  "si tcted. 
ertv,  as  well  as  religious  convic- 
tions  and   practice,   must   be   re- 
spected. 

Private  property  can  not  be  con-   ^'^  c™fisca;i,-n. 
fi  sea ted. 

Article  47 


Pillage  is  formally  forbidden. 


Pillage 
furbid'len. 


'Cf.  the  last  p.Tr.igr.ipIi  of  .-Vrticle  2i  of  the  1907  Ccnveiiti'Mi.  i"!, 
2See  the  reservations  ^,.  various  Powers,  fiost,  pp.  1.^1.  132. 


117. 


^^r^-M;^ 


124 


CONXKNTIONS  II  OF  18W  AM)  IV  OF  1907 


Cdllicli  '11 
of  taxes. 


1899 

Article  48 

If,  ill  the  territory  occupied,  the 
occupant  collects  the  taxes,  dues, 
and  tolls  imposed  for  the  benefit 
of  the  State,  he  shall  do  it,  as  far 
as  possible,  in  accordance  with  the 
rules  in  existence  and  the  assess- 
ment !n  force,  and  will  in  conse- 
quence be  bound  to  defray  the 
expenses  of  the  administration  of 
the  (iccupied  territory  on  the  same 
scale  as  that  by  which  the  lefjiti- 
mato  Government  was  bound. 


1907 

Article  48 

If,  in  the  territory  occupied,  the 
occupant  collects  tlie  taxes,  dues, 
and  tolls  imposed  for  the  benefii 
of  the  State,  he  shall  do  so,  as 
far  as  is  possible,  in  accordance 
with  the  rules  of  assessment  and 
incidence  in  force,  and  shall  in 
consequence  he  Ixjund  to  defray 
the  expenses  of  the  administration 
of  the  occupied  territory  to  the 
same  extent  as  the  legitimate 
Government  was  so  bound. 


Levies  for 

military  n?c  !s 


r.eneral  p^-nalty 
for  a. IS  "f 
iii'li".  i.hiaN 
forbidden. 


Article  49 

If,  besides  the  taxes  mentioned 
in  the  preceding  article,  the  occu- 
pant levies  other  money  taxes  in 
the  occupied  territory,  this  can 
only  be  for  military  necessities 
or  the  administration  of  such 
territory. 

.■\rtklk  50 

Xo  d^eiieral  penalty,  p<'cuniary 
or  otherwise,  can  be  inflicted  on 
the  [population  on  ;;ccount  of  the 
acts  of  individuals  for  which  it 
can  not  be  regarded  as  collectively 
responsible. 


Article  49 

If,  in  addition  to  the  taxes  men- 
tioned in  the  above  article,  the 
occupant  levies  other  money  con- 
tributions in  the  occupied  terri- 
tory, this  shall  only  be  for  the 
needs  of  the  army  or  of  the  ad- 
ministration of  the  territory  in 
question. 

Article  50 

Xo  jrencral  penalty,  pecuniary 
or  otherwise,  shall  be  inflicted 
upon  the  population  on  account  of 
tlic  acts  of  individuals  for  which 
they  can  not  be  recjarded  as  joint- 
ly and  severally  responsible. 


roll.ition  of 
contril'Uli'  ns. 


.\RTirLF.   51 

No  tax  '^ball  be  collected  except 
under  a  written  order  .ind  on  the 
responsibility  of  a  cntnmander-in- 
chief. 


Article  51 

.Vo  contribution  shall  be  col- 
lected except  under  a  written 
order,  and  on  the  responsibility 
of  a  commarider-in-chief. 


Ai»'. 


■itf- 


~V.'JR:^K7B!;^Ei^ISft^K;: 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


125 


1899  1907 
This  collection   >liall  only  take         The  collection  of  the  said  con- 
place,  as  far  as  possihle,  in  accord-  trilnitinn  shall  only  be  effected  as 
ancc  with  the  rules  in  existence  far  a-  possible  in  accordance  with 
and   the   assessment   of   taxes    in  the  rules  of  assessment  and  inci 
force.  dince  of  the  taxes  in  force. 

For   every    payment   a    receipt  I'or    every    contribution    a    re-   K'-'m'' 

shall  be  given  to  the  taxpayer.  ccijit  shall   be  jriven   to  the  con- 
tributors. 


Artki.i:  52 

Xcither  rcqui-itinn.',  in  kind  nor 
service-  can  be  demanded  from 
cotumune-  or  inhabitants  except 
for  the  necessities  of  the  arm\'  of 
occup.itii'U.  They  nni>t  be  in  pro- 
(Hirlion  to  the  resomces  of  the 
country,  and  of  such  a  nature  as 
iiiit  to  inv'ilve  the  population  in 
the  oblig-alion  of  taking  part  in 
military  ojieralions  against  their 
country. 

These  requisitions  anil  services 
shall  only  be  demanded  on  the  au- 
thority of  the  commander  in  the 
loc.ility  occupied. 

Tlie  contribution-  in  kiutl  shall, 
as  far  as  pos-iblc,  be  paid  for  in 
ready  money;  if  not,  their  receipt 
-hall  be  acknowledged. 


Artici.f  52 

Requisitions  in  kind  and  serv-  ^ 
ices  shall  not  be  demanded  from 
miuiicipalities  or  inhabitants  ex- 
cept for  the  needs  of  the  army  of 
occupation.  They  shall  be  in 
proportion  to  the  resources  of  the 
countn,-,  and  of  such  a  nature  a- 
not  to  involve  the  inhabitants  in 
the  obligation  of  taking  part  in 
military  operations  against  their 
own  country. 

Such    reqiu'sitions   and   services    > 
shall    only    be   demanded    on    the 
authority    of    the    conimantler    in 
the  locality  occupied. 

Contributions   in   kind   shall   as    ■' 
far  as  possible  be  paid  for  in  cash  ; 
if  not,  a  receipt  siiall  be  given  and 
the  payment  of  the  awnuut  due 
shall  be  made  as  soon  as  {'nssible. 


f  .irniv. 


1 


.\ki  ICI.I-:  5,^ 

.■\n  anny  of  occupation  can  only 
take  pos-es-ion  of  the  cash,  fund-;. 
and  property  liable  to  rcqui-ition 
belonging  strictly  to  the  State, 
depots  of  arms,  uuans  of  trans- 


.-Xrticf.k  5.^ 

An  army  of  occupation  can  onlv 
take  possession  of  cash,  funds, 
and  r<.  I'v'alile  -ecurilies  which  are 
-tr'  ■'■>■  l!u'  properts  of  tlic  Slate, 
depi'.i  of  arm-,  means  of  trans- 


r"^^^'- 


3F-4^^. 


126 


CONVENTIONS  II  OK  1899  AND  IV  OF  1907 


Tricgraplis. 

traiiJiiiorlntiiin, 
etc. 


Submarine 
caMfS  to 
ntutral  territory. 


1899 

port,  stores  and  supplies,  and, 
generally,  all  movable  property  of 
the  State  which  may  be  used  for 
military  operations. 

Railway  plant,  land  telegraphs, 
teliphones,  steamers  and  other 
ships,  apart  from  cases  governed 
by  maritime  law,  as  well  as  depots 
(if  arms  and,  generally,  all  kinds 
of  munitions  of  war,  even  though 
belonging  to  companies  or  to  pri- 
vate persons,  are  likewise  material 
which  may  serve  for  military  op- 
eration^,  but  they  must  be  restored 
at  the  conclusion  of  peace,  and 
indemnities  paid  for  them. 

Akticlk  34' 

The  plant  of  railways  coming 
from  neutral  States,  whether  the 
property  of  those  States,  or  of 
companies,  or  of  private  persons, 
shall  be  sent  back  to  them  as  soon 
as  possible. 


1907 

port,  stores  and  supplies,  and,  gen- 
erally, all  movable  property  be- 
longing to  the  State  which  may  be 
used  for  military  operations. 

All  afl'lhuui's,  ZK'licthcr  on  land, 
at  sea,  or  in  the  air,  adufted  for 
the  transmission  of  news,  or  for 
the  transport  of  ['ersuns  or  tilings, 
exclusive  of  cax-'s  governed  by 
naval  law,  depots  of  arms,  and, 
generally,  all  kinds  of  munitions 
of  war,  may  be  seized,  even  if  they 
belong  to  private  individuals,  but 
must  be  restored  and  compensa- 
tion fixed  when  peace  is  made. 


Article  54 

Submarine  cables  connecting 
an  occupied  territory  xi-ith  a  neu- 
tral territory  shall  not  be  seized 
or  destroyed  except  in  the  case  of 
absolute  necessity.  They  must 
likewise  be  restored  and  compen- 
sation fixed  when  peace  is  made. 


Administration 
of  public  tiri'p- 
PTty  in  nn-n- 

fied  territory- 


Article  55 

The  occupying  State  shall  only 
be  regarded  as  administrator  and 
usufructuary  of  the  public  build- 
ings, real  property,  forests  and 
agricultural  works  belonging  to 
the  hostile  State,  and  situated  in 
the  occupied  country.  It  must 
protect  the  capital  of  these  prop- 
erties, and  administer  it  accord- 
ing to  the  niles  of  usnfnict. 


Article  55 

The  occupying  State  shall  be 
regarded  only  as  administrator 
and  usufructuary  of  public  build- 
ings, real  estate,  forests,  and  ag- 
ricultural estates  belonging  to  the 
hostile  State,  and  situated  in  the 
occupied  country.  It  must  safe- 
guard the  capital  of  these  prop- 
erties, and  administer  them  in 
accordance  with  the  rules  of 
usufruct. 


»Cf.  Article  19  of  Convention  \'  of  1907,  tost.  p.  t.V. 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


127 


1899 
Article  56 

The  property  of  the  communes, 
that  of  religious,  cliaritable.  and 
educational  institutions,  and  those 
of  arts  and  science,  even  when 
State  pn)|)erty,  shall  he  treated  as 
private  property. 

All  seizure  of,  -iid  destruction, 
or  intentional  damage  done  to 
such  institutions,  to  historical 
monuments,  works  of  art  or 
science,  is  prohibited,  and  should 
be  niaile  the  subject  of  pro- 
ceedings. 


1907 
Article  56 

The  property  of  municipalities,  f^^'"l'J^'^^;''' 
that   of   institutions   dedicated   to  pf"i>"<y- 
religwin,    charity    and    education, 
the  arts  and  sciences,  even  when 
State  property,  shall  be  treated  as 
private  property. 

All  seizure  of,  destniction  or  i.<-«3i  proc«d 
wilful  damage  done  to  institu-  sfimre,  etc. 
tions  of  this  character,  historic 
monuments,  works  of  art  and 
science,  is  forbidden,  and  should 
be  made  the  subject  of  legal  jiro- 
ceedings. 


1^1 


^1 


Section   IV. — O.v  the   Intern- 

ME.NT     OF      BeLLIGERE.NTS     AND 

THE  Care  of  the  Wounded  in 
Neutral  Countries' 

Article  57 

A  neutral  State  which  receives 
in  its  territory  troops  belonging 
to  the  belligerent  armies  shall 
intern  them,  as  far  as  possible,  at 
a  distance  from  the  theatre  of  war. 

It  can  keep  them  in  camps,  and 
even  confine  them  in  fortresses  or 
locations  assigned  for  this  pur- 
pose. 

It  shall  decide  whether  officers 
may  be  left  at  liberty  on  giving 
their   parole    that    they    will    not 


Intcrnmrtit  I'f 
belltRerent';,  and 
care  "f  wnunded 
in  nrutral 
countries. 


Confinfmrnt  nf 
belliacrcnt'j  in 
neiilral  terri'iry 


'tn  1907  the  provision"!  on  this  suhject,  Articles  57.  58,  59  and  60,  were  trans- 
ferred to  the  Convention  (\')  respecting  the  rights  and  duties  of  nciitra!  P.uv- 
er>;  and  persons  in  case  of  war  on  land  as  Articles  11.  12.  14  and  15  thereof  (post, 
p.  MS).  No  change  was  made  in  their  text  except  the  suhstitution  of  the  word 
"Power"  for  the  word  "State"  wherever  the  latter  appears  in  these  articles. 


\     i 


^•^tpe^M^r^s-^^vMr 


128 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


1899 
leave  the  neutral  territory-  without 
aiithtjrization. 


190? 


Fund,  tli'third. 
etc. 


Reimburse  trt-nts. 


Articlk  58 

I-'ailiiij,'  a  siH-'cial  convention,  the 
neutral  State  sliall  supply  the  in- 
terneil  witli  the  food,  clothing,  and 
relief  required  by  humanity. 

At  the  conclusion  of  peace,  the 
expenses  caused  by  the  intern- 
ment shall  be  made  gcK)d. 


Trnnpit  of 

w.'iinile'!     I 


neutral  ttrnlnry. 


NViitr.it  St.iU' 
must  furni'.h 
(ru.lril. 


Artici-k  .^9 

.\  neutral  State  may  authorize 

the  pa^>a,i,'e  uver  its  territory 
of  wnunikd  (ir  sick  l)clongint;  to 
the  lielli!.;ert.iit  armies,  on  condi- 
tion that  tiie  trains  bringing  them 
shall  carry  neither  combatants  nor 
war  material.  In  such  a  ca<e.  the 
neutral  State  is  iiound  to  adopt 
such  measures  of  safety  and  con- 
trol as  may  be  necessary  for  the 
purpose. 

Wounded  and  sick  brought  un- 
der these  Conditions  into  neutral 
territory  by  one  of  the  belliger- 
ents, and  belonging  to  the  hostile 
p.'irty.  muvi  lie  i^nank-d  bv  the 
neutral  State,  >o  a»  to  insure  their 
not  taking  (iart  again  in  the  mili- 
tary operations.  The  same  duty 
shall  devolve  on  the  neutral  State 
with  regard  to  wounded  or  sick  of 
the  other  army  who  mav  be  com- 
mitted to  its  care. 


■*__;}*•.., 


jf  ?5■'«^^^?_^.  1*::  j;  • 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 

1899  1907 

Article  60 

Tlie  Geneva  Convention  applies 
to  sick  and  woinided  interned  in 
neutral   territory. 


129 


Cm,.  I 
(iiiiv*  111  ioi 
ai'i  lic;it>li' 


i;ii 


mi 


4 


I     M 


RATIFICATIONS.  ADHESIONS  AND  RESERVATIONS 

The  1899  Convention  was  ratified  by  all  the  signatory  Powers  on 
tlie  dates  indicated : 

.•\iistria-Hunj;ary    September  4.  T'CK) 

Bel},'iiiin    September  4,  l''iX) 

Bulgaria    September  4,  I'KK) 

Denmark    September  4,  I'M) 

F-'rance    SejJtember  4,  I'XX) 

Germany    Se])tember  4.  19(X) 

Great    Brit.iin    September  4.  I'XIO 

Greece    April  4.  1901 

Italy    September  4.  I'JOO 

Jai)an    October  6.  I'KK) 

I.uxembur!;    July   li.  I'lQl 

Mexico    \[)ril    17.  1"01 

Monteiie;,'r<)    Oetolier   ](>.  T'OO 

XetlierJauils   September  4.  I'lO) 

Xorway   July  5.  1'*<17 

Persia    September  4,  I'XX) 

l'ortti!,'nl    Septeml)er  4,  l''0() 

Roumania    September  4.  I'^'X) 

Rusoa     SepteiTiber  4.  I'XX) 

Serbiii    May    11.  l'X)l 

Siani    September  4.  VX)0 

Spain    September  4.  I'XX) 

Sweden    July  5.  1907 

Turkey    June  12.  1W7 


United  States  April  9.  1902 


III 


130  1  MNVIINTIONS  11  1)1-  IHW  AN!)  |\   Ol    l'»7 

.Idhi'sini.t : 

.\i:,'i'  ilinr  i-'i-piililii-   Illllc   17 

l'i)li\  la  I'ftiruary  7 

lir.i/il February  25 

*  Inlc      June   \'J 

I  liiiia    June   12 

("iiloinliia  January  .'<> 

•  uIm April    17 

i)i)iiiiiiiraii   Rt|iiililic    April   1,?, 

Iltuadiir   Iiily  M 

( luatomala May  2 

Haiti    May  24 

1  londuras  August  2' 

Korea  March  17 

Nicaragua  May  17 

Panama   July  20, 

Paraguay April   12 

I'cru    Novcniher  24 

Salvador   June  20, 

Switzerland    June  20 

Uruguay   June  21 

Venezuela    March    1 


VA)7 
1''07 
VA)7 
l'A)7 
1W7 
1W7 
l'>07 
l'X)7 
l'X>7 

1907 
190f) 
19(U 
l'X)7 
lf)07 
l'A)7 

vm 

V)02 
1907 
1906 
l'X)7 


h'fSi'n'dtioiis :  none. 


The    1907    Convention    was    r.iiifu-d    by    liie    fallowing  signatory 
'ower-  on  the  dates  indicated: 

\ii-'ri;i-l  i  jngary   N'uveinher  27.  1909 

i?(l),'iuni    \ugust  X,  1910 

I'.i.livia    N'o'.cnitier   27.  IW 

Brazil   January  5.  1''14 

(  iiha    February  22.  1912 

I ).  iiiiiark    Xo\  enih.r  27.  I'Hf) 

France   Octi.l.er  7.  !9U) 

( lerinanv   \o\  einlur  27.  I'N/) 

(Irea!   i'rit.iiii   N'o-.tniher  27,  1909 

(inateinala   M.irch  1.5.  1911 

Haiti    Fehruarv  2,  1910 


Till.  LAWS  AND  CUSTOMS  Ol"  WAR  ON  LAND 


131 


Japan   lUr  iiiliiT   1.^,  1911 

I.uxcmlitir),'    Svpti'inlH'r   3,  1''12 

Mexico    Nkvi'iiiIkt  17 .  I'X)") 

XctlurlaiKi-    No\fiiilicr  27,  YM^ 

Norw.iy     Sc|.tciiil)iT    1'',  IVll) 

I'aiiani.i     Si'i.tiinlKT   11,  1"M1 

I'urtug.il  Xprii  1.?,  I'Ml 

Rotiin.iiu.i    Mari-li    1,  191-' 

Kiisnia   .\MMinl>ir  17.  PW) 

Salva.lor   Noveml.or  27.  1<X)0 

Siam  Mardi  12,  I'MO 

Sweden   N'i)\ cniher  17 .  I'JO*) 

.Swit/criaiKJ  May  IJ,  1910 

United  State-. November  17 .  I'XC) 

|.il>en.i I'"el)niary  4,   1914 

N'u'ara>,'ua    December   Id.   190') 

The   following   Powers   signed   the   Convention   but   have   not   yet 
ratified : 

Ar^uitine  Republic  Montene.;ro 

Bulgaria  Paraguay 

Chile  Persia 

V  olombia  Peru 

Dominican  Republic  Serbia 

Ecuador  Turkey 

Greece  1  'ruguay 

Italy  X'cnezueia 

Reservation!,  .•• 

Austria-Hungary 

I'nde.    reservation  of   the  declaration  made  in   the  plenary 
se'i<ion  of  the  Conference  of  August  17,  1907- 

r.x'ract  from  thf  frociS-Virbal: 

The  delegation  of  Austria-MunRary  having  accepted  the  new 
Article  22w,'  on  ciiditinn  that  Article  44  .■!  the  C.>infiilioii  now 
in  force  he  maintained  as  it  is,  can  not  consent  to  tl'.c  Article  44ij, 
proposed  hy  the  Second  Commission.* 

'.AH  these  reservations  were  iii.nle  at  signature. 

'Reservation  maintained  at  ratification. 

'The  pr.ip      '(1  .Article  22(!  became  the  last  paragraph  of  Article  2.?. 


■•,-7t^»- 


132 


CONVENTIONS  M  OF  1899  AND  IV  OF  1907 


Germany 

L'nder  rcservatinn  of  Article  44  of  the  annexed  ReRulations.' 

Japan 

With  reservation  of  Article  44.' 

Montenegro 

L'tidcr  the  rcscrvatinns  fimiulntcd  as  to  Anicle  44  nf  the 
kej,'iilaliniis  aiiiuxeil  to  the  present  ("onvfiili.in  ;m'l  rtnitainerl 
ill  tile  minutes  of  the  fonrtli  plenary  session  of  Aitniist  17, 
1907. 

lixlriiil  from  the  proci-t-vtrbal: 

The  dcleg;ition  of  .MontrncRro  hai  the  honor  to  dfilarc  that 
h.iving  acci'i)tt'd  the  new  Article  22a,  proposed  by  the  dclcgatif.i 
(if  (iirmany,  in  the  place  of  .Xrtide  44  (if  the  existing  KiKnlati 
of  18'W.  It  makes  reservations  on  the  subject  of  tlie  new  wo,  '  •■■ 
of  the  said  Article  44a. » 

Russia 

I 'tiller  the   reservations    fornr.ilatcd  as  to   .Article  44  of   iii 
Repilations  annexed  to  the  pre-eiit  Convention  and  contained 
in  the  minute-,  of  tlic  fourth  plenary  session  of  Augfust  17, 
1907.' 

Extract  from  the  proc^s-vtrbal: 

The  (Icli  gatmn  of  Russia  has  the  honor  to  decl.ire  that  havinn 
accipicil  the  ni  w  .\rticle  Zl,i,  proposed  by  ilic  delegation  of 
(iirinany.  m  tlic  place  of  Aitivlc  44  of  the  exisiing  Uixulatioiis 
(•I  18'W.  It  inakis  nserv.itioiis  oii  the  subject  of  the  now  wiirdiiiB 
(if  the  said  .Xrlicle  44<i.^ 

Turkey 

I'lider  re-erv.iti'iii  of  .\rticle  .V 


'Reservation  maintained  at  ratification. 

'.Statement  of  Xfr.  Tcharykciw.     Actes  et  documents,  vol.  i.  p.  86 

■■'St.iietnent  of   .Mr.   Martens.     Ihid. 


i,as.y'j.^:^s^safr 


I  W.'lUltf/tf  itJf>.H 


-r»'.^rs^--i^:msiatsxrsmL 


^ 


"A^'.r.  w 


^n.¥ 


CONVENTION  (V)  RESPECTING  THE  RIGHTS  AND  DUTIES  OF 
NEUTRAL  POWERS  AND  PERSONS  IN  CASE  OF  WAR 
ON  LAND 

Signed  at  The  Hague,  October  KS,  1907 

His  Majesty  the  Gennan  Emperor,  King  of  Prussia;  [etc.] : 
With  a  view  to  laying  down  more  clearly  the   rights  and   duties  J 
nf  neutral  Powers  in  case  of  war  on  land  and  regulating  the  position 
of  the  belligerents  who  have  taken  refuge  in  neutral  territory; 

Being  likewise  desirous  of  defining  the  meaning  of  the  term  "neu- 
tral," pending  the  possibility  of  settling,  in  its  entirety,  the  position 
of  neutral  individuals  in  their  relations  with  the  belligerents; 

Have  resolved  to  conclude  a  Convention  to  this  effect,  and  have,  '' 
in  consequence,  appointed  the  following  as  their  plenipotentiaries : 
[Here  follow  the  names  of  the  plenipotentiaries.) 
Who,  after  having  deposited  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  provisions : 


■  •>i 


Irnit'tvtenltarif  • 


Chapter  I.— The  Rights  and  Duties  of  Neutral  Powers  .u'mV.' "■* 

nrtitrai  I'owfr^ 

Article  1 
The  territory  of  neutral  Powers  is  inviolable. 

Article  2 

Belligerents   are   forbidden   to  move   troops  or  convoys  of   cither  vTi,Rfrfnti 
munitions  of  war  or  supplies  across  the  territory  of  a  neutral  Power. 


T»  rritnry 


iRcrl 
(vrlilililtn. 


Article  3 

lielligcrents  are  likewise  forbidden  to — 

(a)  Erect  on  the  territory  of  a  neutral  Power  a  wireless  telegraphy  J,^jV'j;'J 
station  or  other  apparatus  for  the  purpose  of  conimunicatuig  with  f,^':,','!!,''' 
belligerent  forces  on  land  or  sea ; 

(6)   Use  any  installation  of  this  kind  established  by  them  before  the   Jn'^unal', 


H 


1 


=  i^ 


134 


CONVENTION  V  OF  1907 


war  on  the  territon-  of  a  neutral  Power  for  purely  military  purfMjses, 
and  which  ..as  not  l-cen  0})ened  for  the  service  of  public  messages. 


Recruiting,  etc., 
forbidden. 


Article  4 

Corps  of  combatants  can  not  be   formed  nor  recruiting  agencies 
opened  on  the  territory  of  a  neutral  Power  to  assist  the  belligerents. 


Prevention 
by  neutrall. 


Article  S 

A  neutral  Power  must  not  allow  any  of  the  acts  referred  to  in 
Articles  2  to  4  to  occur  on  its  territory. 

It  is  not  called  u|X)n  to  punish  acts  in  violation  of  its  neutrality 
unless  the  said  acts  have  been  committed  on  its  own  territory. 


rr.ming 
frontier 
t.i  enlist. 


Sliipment 
ipf  arms. 


ftr.,(trlr- 
er.T  h.  et.-  , 
ai'i'Si  at'is. 


Impartial 
trra'ir.pnt  rf 
hel'ii(rreiit». 


Article  6 

The  responsibility  of  a  neutral  Power  is  not  engaged  by  the  fact 
of  persons  crossing  tne  frontier  sei>aratcly  to  olTer  their  services  to 
one  of  the  belligerents. 

.Article  7 

.\  neutral  Power  is  not  called  uptin  to  prevent  the  export  or  trans- 
l.ort.  liii  l)(.liail  of  one  or  other  of  the  belligerent.s,  of  arms,  munitions 
of  w.'ir,  >.r,  in  general,  of  anything  which  can  be  of  use  to  an  army  or 
a  fleet. 

.\hticle  8 

.\  neutral  I'mwit  i^  not  called  upon  to  forbid  or  re-trict  the  use 
on  behalf  of  the  heiligereiUs  of  telegraph  or  telephone  cables  or  of 
wireless  telegraphy  ..iipar.iiu>  beloiiging  to  it  or  to  companies  or 
private  individuals. 

Article  9 

Every  measure  of  restriction  or  ])rolrbition  takiii  bv  a  neutral 
Power  in  r<.),'.ird  to  tiie  matters  referred  to  in  .Xrticles  7  and  S  must 
be  impartially  ajiplieil  by  it  to  both  belligerents. 

.\  neutral  Power  inu>t  sec  to  the  same  obligation  being  observed 
by  com[);inies  or  private  iiuiiviiluals  owning  telegraph  oi  telipnoiie 
caiilcN  or  wireless  telegraphy  app.iratu^. 


mkd^-'^. 


iilife&S'^SS 


.^-»»:v^i  ^'-^ 


NEUTRAL  POWERS  AND  PERSONS  1\  WAR  ON'  I.AN'I)       135 

Article  10 

The  fact  of  a  neutral  Power  resisting,  even  by  force,  attempts  to  "'.l!,' ','"„", 
violate  its  neutrality  can  not  be  regarded  as  a  hostile  act.  rf  neutrality. 

Chapter  U.— Belligerents  Interned  and  Wounded  Tended  in  Neutral  iJ.'li^f.V^^y 

Territory  """""'■ 

Article  11' 

A  neutral  Power  which  receives  on  its  territory  trodps  belonging  \lVTr'"m 
to  the  belligerent  armies  shall  intern  them,  as   far  as  possible,  at  a  »"'"'*" 
distance  from  the  theatre  of  war. 

It  may  keep  them  in  camps  ami  even  confine  them  in  fortresses  or   '!,''„',^';.'';'" 
in  places  set  apart  for  this  purpose. 

It  shall  decide  whether  officers  can  be  left  at  liberty  on  giving  their  i''"^'^,. 
parole  not  to  leave  the  neutral  terntor>-  without  peniiissicn. 

Article  12' 

In  the  absence  of  a  special  convention  to  the  contrary,  the  neiunil   S]",'',!',''",,,,.- 
Power  shall  supply  the  interned  with  the  food,  clothing,  and  relief 
required  by  humanity. 

At  the  conclusion  of  pe.ice  the  expenses  caused  by  the  internment 
shall  be  made  good. 

.■\ktici.i    13 

A   iiculral    I'owiT   which    receivi-   ocajjol   prisoners   of    war    >hall   '.'.'^^.^J, 
leave  them  at  liberty.     If  it  allows  thiiu  to  remain  iu  its  territory  ii     '  " " 
may  assign  them  a  place  of  resilience. 

The  same  rule  apiilie--  to  prisone^^  of  war  brought  by  trooj.>  taking 
refuge  111  the  torritory  of  ;i  neutral  I'uuer. 

.■\RTiri.K  14' 

.\   neutral    I'owir  nia\    ruithori/c   the   pa-<a<:e   n\cr   it>   tirrit'>ry   oi    '„'.'i  Ji',."!'u,i 
the  sick  anil   wouniU'd   hcloiiyni^   to  the  bellii;i.Teiit   armies,  "■■•   conil  - 
tmn   that   tlie   tr.uiis  l.nnt;iiig  them   shall  earn.-   mither  |icrsi  ii:i<.'i   iMr 
war   material.      In    :-ik1i   a   i  ,ih.  ,   :ii.-   luuira!    Power   i-   houiid   to   take 
whiiti-ver  nie.i^iirt'    ■  t  '-,ifet\  .m-i  i-diiird!  aic  neot  -^ary  f.  r  tlu'  juirpos'' 

'.^rtMl.-  11,  1-'  14  ;iii.!  1.'  arr  iilcnticl  i"  t'  ■   <-rii:i>M!  !>.:■,■!•  «itl-,    \rl!rlc>  .-", 

,=;«,  50  iind  iJi  ■'    '  ■     p    l-7i   re-.p-Htnrh   .  f  tl  ■■  IfW  Cdnventim    MM   rc-peclinR 

il'.f  l.itt^  ,11.!  '■ '..  ■  .111-  of  u.ir  'in  l.iiu!.  ex  <  pt  f.ir  the  sul'-tiliiii-n  -!  "P-wir"  for 
■^t.^t^■." 


i 


136 


(-(i.WENTlON  V  OK  19()7 


The  sick  ur  wounded  brouglit  under  tluse  conditions  into  neutral 
territory  by  one  of  the  btnigerents,  and  belonging  to  the  liostile  party, 
must  l)e  guarded  by  the  neutral  I'uwer  bo  as  to  eii-ure  tlieir  not  taking 
part  again  in  the  inihtary  operation^.  Ihe  same  duly  shall  devolve 
on  the  neutral  State  with  regard  to  wounded  or  >ick  of  the  other 
,;nny  who  may  be  cmmilted  to  its  care. 


Aonltcation 
at  Gene** 
tVmvention. 

Nrutrai  per»oni. 


I>elinition. 


Acts  prohibited. 


Articlf  15' 

The  Geneva  Conventioi;  applies  to  sick  and  wounded  interned  in 
neutral  territory. 

I  ii.xrTEK  III.—  Xcutral  Persons 

.\Kru  i.K  16' 

Tlie  natioi.a  .t  a  State  which  is  not  taking  part  in  the  war  are 
considered  a-,  neutrals. 

-Article  17^ 

.\  neutral  can  not  avail  himself  of  his  neutrality — 

(cjj    If  he  commits  im.-tilc  acis  against  a  beiiigerent ; 

ib)  If  he  coInmit^  acts  in  favor  of  a  beiiigerent,  particularly  if  he 
voluntarily  enlist>  in  the  ranks  of  the  arnud  force  of  one  of  the 
parties. 

In  such  a  ca.sc.  the  neutral  shall  not  be  more  severely  treated  by  the 
belligeriiit  as  against  whom  he  has  abandoned  his  neutrality  than  ? 
national  of  the  other  be-Uigerent  State  could  be  for  the  ->ame  act. 


Art4  nnt 
[irtihibitcil 


Article  18' 

The  following  ;icts  sliail  not  bo  considered  .is  committed  in  favor  of 
one  belligerent  in  the  sense  of  Article  17    letter  ( /) )  : 

(a)  Supplies  funushed  or  loans  niadf  to  .  nr  of  ihc  i'rlligeri-ms, 
provided  that  the  person  who  furnishes  the  supplies  or  \\h(>  makes  the 
loans  lives  neither  in  the  tirnlnry  of  the  other  partv  nor  ni  Uic  lerrito'-y 
occupietl  hy  him,  an  '  that  the  supy)lies  do  rut  conn'  ;iorn  these 
territories , 

(/■I    Services  rendertl   in   ii;attrrs  of  pfdii.-  ur  ci\!;    idmniisii.iiion 

".Articli";  !!.  !i  14  nml  1'  ,ir.  i.!  t  tu-.il  ri  t!i.-  .-i-umI  Ir.-.u  h  n-i'  \rt„! -^  -' 
.S8,  ,S9  ;in'l  iiil  liii^'r  p.  U7  !  i  .■^pf.turly  of  llic  IW)  f'nnv.'ntion  •Mi  '  .sixH-tinf 
the  laws  anil  i  n^i'  "i-  of  wir  -  n  1  onl  .  \,  .•■)!  fir  itie  -nl'stiliitiim  "i  '  !'..wi  r"  fur 
"Statr  " 

fircat   I'.rii'in  v.hfh-  rt'irvan^ii  oi    \rii,  ><:   ]f,    ]~  -^ri.'  \H 


▼ 


NEUTKAL  roWKRS  AND  PI-.RSONS  IN  WAR  ON   LAND        ]  .17 


Ti  ■:    W       [\  lilway  Matcruil 
Article  19' 


Kailuay 
Tiiatrnal. 


* 'r  I 


Railwav   niatc-ial   coniiiic:    fnni    ilic    irnit..rv    nf    neutral    Powers;     "-^"-  ^^ 
wiRtiier  It  be  the  prupcrty  n{  tiie  said   rowers  cr  of  companies  or   "'"'"i  pr<M"riy 
private  persons,  and   recogni/al.ir  as    -iich,  shall  not  l.e   reduisitionec' 
or  utilized  by  a  lielligeniit  except  where  and  to  the  extent  that  it  is 
ahM)lut(!v  necessary.     Jt  sliall  he  sent  back  as  souii  as  po^sible  to  tiu- 
ro'.intry  of  origin. 

.•\   neutral    Power  may   likewise,   in   case   <f   necessity.    r<.iain   and    ' -<;  "f 

.   1-  ,  -  I'tluRcrrnt 

Utilize  to  an  equal  extent  niatenal  cominer  from  the  territoiA'  of  the   <"'\"^y 
i'.'lligercnt   Power. 

(ompensalion  shall  !»■  \a^^  l.v  one  party  'ir  liie  other  in  pr(jp<.rtion   '  ""icuMtion. 
to  the  niatenal  used,  and  to  the  i)eMod  of  usajje. 

'"llAiTFK   \'.~'Fiiui!  Pniris-ions 

Aktici.f:  20 

liie    pii=\isions    of    the    iae-.eiii    i_ onventio'i    d'>    not    apply    except    i'"«<^f»i«)i'"'i 
between  contractin;,'  P.uvers,  and  tlien  only  it  all  the  lielligereiiis  -ue 
parties  to  the  (  onvent'on 


Articij-  21 

The  present  Con\ention  shall  be  ratified  a<  sc.oii  as  possible. 

The  ratifications  shall  be  deposited  at  The  {lague. 

The  first  deposit  of  ratihvations  shall  be  recorded  in  a  procis-zrrhal 
signed  by  the  representatives  of  the  Powers  v  hich  take  part  therein 
and  by  the  Xetherland  Minister  for  Foreign  All'airs. 

The  subsequent  deiwsits  ol  lalitication-  shall  Ik-  in  i  le  by  means  of 
a  written  notifi.-atioii,  addre-.-ed  to  the  Xetherland  ( ..nernmeiit  a  ,.: 
accompanied  by  ihe  in>truniern    ■!  r.aihcalion. 

A  duly  certified  copy  nf  the  prihis-vcrlhil  relative  to  the  tii-t  .Kpn-it 
of  ratilications,  oi  the  notitie  itions  mentioned  in  the  preiod,!-,,'  para- 
;;rapii.  and  nf  the  instrument-  ol  ratifuatinn  shall  be  imnicdi.Ueh   sent 


bv  I  he  Xell 


■rla!;d  C 


;nt    through  the  diplomatic  chatuie!.  t  >  tiio 


Powers  iii\  ited  ti>  the  Secnrid  1'iai.r  ("onfcrctiee  a-  well  as  to  t''  •■  nthor 
Powers  whi.li  ha\e  adlieird  to  tlu  f 'oiu  entioii.  In  flic  e  i-e-  ci^'item- 
i'latrd  ill  the  )iririi!:  _'  pai.iL'iaph,  the  said  ( "■(i\  ei  ■i!iir;!t  shall  at  the 
•■ai'ie  tinic  iiit-'iM  th<  ;n  ■  .f  the  dao   ,  .11  w  hicli  it  r(-i-ti\(!  the  notification. 


t;„- 


'  lla«'j 


i  I'.v^frs 


Pl.l.i. 


1     \rl.,i..    1'; 


m 


\AX 


\FNTi'  i.N  \  nv  \g^r? 


AdhfT.  v„r  ,.f 
n'>n-fti>jtiatury 
Towers. 
Ni'lilicalion 
.'f  intent. 


Communication 
to  ullier   i"->wers. 


AKllfLK  2J 

.\''m->igi'ainry  Towers  may  .ulliere  to  llu'  present  Convention. 

riic  t'owtT  which  ilcsires  to  adhero  noiiln-  ils  inteniion  in  writing 
to  ilic  .Xelherland  G(iv<rnment,  forwanlinj;  to  it  the  act  of  adhesion, 
wliich  ■~hall  be  ilepoMtcd  in  the  arcliives  of  the  ^aid  Government. 

1  !i:s  (..ovcrnnuiit  shall  immediately  forward  t..  ail  the  other  Powers 
a  didy  certified  cojiv  '>f  the  notification  a-  well  a-  of  the  act  or  .:»dhe- 
hion,  nKiitioning  the  date  on  which  it  received  the  notification. 


Krtrot  if 
ratiluatM-n 


Article  23 

The  pre-eiit  Convent'"!!  <1ki!1  ci'iiie  iiitn  force,  in  the  ca.se  of  the 
Tower^  which  were  a  party  to  the  fir-!  dcpoit  of  ratification?,  sixty 
dav>  after  the  date  of  the  l^>oiCS--.r>iHi!  of  this  de])Osit,  and,  in  the 
ca>e  lit  ilie  Powers  wliich  ratify  -nh-eiiuenily  or  which  a<ihcre.  sixty 
(lav-  a:i'-  the  imtificati-  n  of  their  ratificati. •;;  ^r  cf  their  adhesi  :;  lia- 
t)ee;i    recv.  ed   ii\    the    .\elheri.iiid   ( iovernniciit. 


IJtnuiii-  iath.li 


Kiti-ltr  •■( 


AKTirt.K  24 

In  the  e\rnt  of  one  of  tli'-  contractinc  P -wers  wi^liincj  to  denonnce 
the  present  ' 'onveininn,  the  ileirniciatioii  shall  he  notified  mi  writmt,' 
to  tlie  Xetherland  Cioverimir".  which  sliall  immediately  communicate 
a  duly  certified  copy  of  tli.  nollication  t"  .i!'  the  other  IVnver;.  mform- 
\ng  them  at  the  -anie  tiim   'if  the  li   le  .m  winch  it  w.i-  received 

The  driiunciati.in  -hnll  inlv  !-„t  effect  in  retrard  to  the  in.tifvmij 
Power,  anil  •  ue  \(ar  aftei  the  m  itituation  has  reached  the  Xi  tiiert.and 
<  io\  ernment, 

.\rtici.!   2." 

A  reji^ter  kept  hy  the  N'etheilaiid  Mirt^^try  of  Fore';:''  XtTair'^  '-hail 
Sjive  the  i.tte  of  the  deposit  of  ratifications  mad.  m  virtue  of  Article 
2!.  ])arai'-aplis  .^  and  4,  a-  wel'  as  the  date  on  a  hich  ihe  notifications 
ol  aiihe-UMi  ■■  Article  22.  p.u  ,:.;rai.li  2  !  ■  T  of  d( 
par.a^rapli   1)   have  heeii  rrce!\ed. 

P.-ich  ciiiitracting    I'ower   is  i  nlitleil   to  have 
and  til  he  Mipplied  with  dulv  cmined  ixtracts  from  it. 

in  f.iith  wliereof  the  plenip.'ti  iiti-;-:.  >  have  apjx  n.leil  their  -iirna 
tures  ti.  tlie  pre'-cnt   ("nii.rntifin. 


iiiciatii'ii   I  .\rTirle  24. 
.-ce--  to  lhi<   reejister 


NEUTRAL  POWERS  AND  PERSONS  IN  WAR  ON  LAND       l.?9 

Done  at  The  Hague,  the  ISth  October,  1907,  in  a  single  copy,  whicli   '!"'°»"  , 
shall  remain  deposited  in  the  archives  of  the  Netherland  Govern- 
ment, and  duly  certified  copies  of  which  shall  be  sent.  thruuKh  the 
diplomatic  channel,  to  the  Powers  which  have  been  invited  to  the 
Second  Peace  Conference. 

[Here  follow  signatures.) 


RATIFICATIONS,  ADHESIONS  ANO  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following 
Powers  on  the  dates  indicated : 

Austria-Hungary Xovembcr  27, 

Belgium August  8, 

Bolivia November  27. 

"■"azil January  5, 

Cuba February  22. 

Denmark November  27. 

France October  7, 

Germany Noven.er  27, 

Guatemala March  15, 

Haiti February  2, 

.lai'an December  1.?, 

Luxemburg September  5, 

^Iixico "vdvcmber  27. 

Netherlands No\  ember  27, 

Norway September  19, 

I'^in-'ima Sei>tember  11, 

r'ortugal April   1.?. 

Ronmania March   1, 

Rn^-^i'i NovemlKT  27, 

•'^■'''  ^'!or November  27, 

^'a: March    12, 

S]r.v.u M.Trcli    IS. 

•■^wt 'ien Novem!)er  27. 

Swit/LTland Mav   12, 

LUitod  States Novemi)er  27, 


signatory 

1909 

1910 

1909 

1914 

1912 

1909 

1910 

1909 

1911 

1910 

1911 

1912 

i'X)9 

19W^ 

1910 

1911 

1911 

1912 

HW 

l')00 

1910 

101.? 

IfOO 

1^110 

1909 


m- 


140  CONVENTION  V  OK  1907 

Adhesions: 

China January   15,  1910 

Liberia February  4,  1914 

Nicaragua  Dtcenibcr  16,  1909 

Ihe   following   I'owers  signed   the  Gjnvention  but  have  not  yet 
ratified : 

Argentine  Republic  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Dominican  Republic  Serbia 

Ecuador  Turkey 

Great  Britain  Uruguay 

Greece  Venezuela 
Italy 

Resen'ations:* 

Argentine  Republic 

Tlie  Argentine  Republic  makes  reservation  of  Article  19. 

Great  Britain 

Under  reservation  of  Articles  16,  17  and  18. 


rc^.rv.illiiti'.   «>rc  ina'lc  at  signature 


CONVENTION  (VI)  RELATING  TO  THE  STATUS  OF  ENEMY  MERCHANT 
SHIPS  AT  THE  OUTBREAK  OF  HOSTILITIES 

Signed  at  Tlic  ilague,  October  18,  l'J07 

His  Majoiy  tlie  (itrniaii  Eniptror,  King  of  Prussia;  [etc.] : 

Anxious  to  ensure  the  security  of  international  commerce  against  the 
surprises  t-f  war,  and  wishing,  in  accordance  with  modern  practice,  U> 
protect  a>  far  a>  possible  operations  undertaken  in  good  faith  and  in 
process  of  hciiij,'  carried  out  before  the  outbreak  of  lioslilities,  have 
resolved  to  ctJiiLJiide  a  Convention  to  this  elTect,  and  have  appointed 
the  following  person-  as  their  plenipotentiaries: 

[Here  follow  the  names  of  plenipotentiaries. | 

Who,  after  having  deposued  ilicir  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  provisions: 

Aktk  LE  1 

When  a  merchant  sliip  Ix-loiiging  to  cm-  of  the  l.<lli-t.Ti.-nt  I'owtr  i, 
at  the  onimeiKciuent  of  lin-tilitie>  i;;  an  cncni>  ;■  ^i,  n  i,  desirable  that 
It  ^h,alld  he  aKviue.l  U.  lep.ut  i'rcel>.  either  iniiiK  iiatelx ,  or  alter  a  rea- 
sonable luiinl.er  of  (la;.-  .if  i^iacc.  and  t-  nr  cr,  ,:,  al!er  l.eini,'  furm-licd 
with  a  pa--,  direct  to  il    p  -rt  of  de-tin.itu.n  ..r  ,,ii\  oiiie:  port  indicated. 

Iho  sair.e  rule  sheuiKl  apply  iii  the  e;i-e  of  ..  iup  ,\\udi  ha-  iefl  it- 
l;ist  port  c.f  departure  l.eh.re  the  cuum  nceme;;:  ..i  the  war  and  entered 
a  pnrt  belonging  to  the  enemy  wiiile  .-tili  ignorant  thai  ho.-tilities  had 
broken  out. 

Articl],  2 

A  mercliant  ship  unable,  owinj;  tu  circiimstancf-  .>f  force  maicitre. 
to  leave  the  enemy  port  within  the  pennd  c.  ntemjilaied  in  th>  dfive 
article,  or  whicli  w.is  not  allowed  to  have,  can  ii.ii  he  a)ii^;->.ir  .', 

I  he  belhf^ci-ent  may  only  detain  it,  without  pavnieiit     :  e.  ■iipen-.itH  i,. 
bii'  subi-'ct  to  the  obliK.ition  of  restoring  it  after  the  war.  ...r  rfjiii  it,-n   ' 
it  on  payment  of  compensation. 


h^ 


142 


CONVENTION  VI  OK  1907 


V  nrmy 

mfrch«nt  Bhii't 
oil  hiKli  «ca4 


[  lal'lr  li> 
tiititilii'n. 
rc<|uiiiitti>n 
or  .iiMitt.Iittf'ti. 


Uw«   anil 
.uitotnt   of 
tiisrilime  war 


l.nf  my  t  artt.i 


Mirrlanl  Mn; 
intu  war  tliipi 


Aruci.k  3' 

luiciny  iiicn.-Ii;int  'liip^  which  left  tiit-ir  last  port  of  departure  before 
tlie  comiiicticeinciit  of  tiie  war,  and  are  encountered  on  the  high  seas 
while  -till  ij;ii<irant  of  the  outbreak  of  liosiilitics  can  nut  be  Confiscated. 
I'licy  are  only  liable  to  detention  on  the  understandin^j  that  they  shall 
be  re>tortd  after  the  war  wiliiout  compensation,  or  to  Ik.-  recpiisitioncii, 
or  eviii  destroyeil,  on  payment  of  coniiien>atini),  but  in  >ucli  cases  pro- 
vision must  be  made  fur  the  safety  of  the  persons  on  board  as  well  as 
the  security  of  the  siiip's  papers. 

After  touching  at  a  port  in  their  own  country  or  at  a  neutral  port, 
these  ships  are  subject  to  the  laws  and  customs  of  maritime  war. 

Article  4 

Enemy  cargo  on  board  tiie  vessels  referred  to  in  Articles  1  and  2  is 
likewise  liable  to  be  detained  and  restored  after  the  tennination  of  the 
war  witliout  payment  of  compensation,  or  to  be  recjuisitioned  on  pay- 
ment of  compensation,  with  or  without  the  ship. 

Tile  same  rule  applies  in  the  case  of  cargo  on  board  the  vessels  re- 
ferred to  in  .\rticle  3.' 

Article  5 

The  present  Convention  docs  not  affect  merchant  ships  wiiosc  build 
shows  that  they  are  intended  for  ciMuersion  into  war-ships. 


!•   vi.r-  I 


I  !  r  1  laRiiC 


Article  6 

The  provision>  of  the  present  Convention  do  not  api>ly  except  be- 
tween cotUractiiiLT  Powers,  and  tlien  only  if  all  the  belligerents  are 
parties  to  the  Convention. 

.Articlk  7 

The  prc-cnt  ConvcntH'ii  shall  be  ratiliiil  a-  ~oon  as  jvissible. 

riie  ratihrati' n^  'b.ili  be  .icpo^itci!  .'it  T'lr  I  Incjue, 

The  fir^t  'Icp-^it  of  i- iii-'^  .aii.ii^  -li.il!  lit-  reioid'-d  in  a  /'rocH's-ferbal 
>itrned  b\  the  ri'iire-i-  'r.c-  "i  ilu'  I'owi^-  wnji'li  take  part  therein 
and  1)\     be  N'e!her!aT:  '      M:,:-tir  for  !     -c  trn  Affairs, 

Tic    ul'-ffnieni  ilcvn-i:-  ,  i  r.ititic.inon-    '•  .  'I  he  ni.uli'  !i\-  means  of  a 


•^t  r\.tt!  'i:-  'if  ( iiTi^nr 


■  I  K'l 


145 


EMCMY  Mt:  KCIIANT  SHU'S  A  I  (  HTIlRKAK  (JI   IlOJ.TILITIl  S    14J 

written  notification  a(l<lrc>>-t'il  to  tlie  Nttliirland  ( ^jvcrimicni  and  ac- 
companied by  tlic  in^tniinint  of  ratification. 

A  duly  certified  copy  of  tlic  prucis-vcrbal  ri-l.itivc  to  ilii:  first  dcpo>;:i 
of  ratifications,  of  liic  notifications  mentioned  in  ilic  picccdiiij,'  |)ara- 
giaph,  as  WL-ll  as  of  the  instruments  of  ratification,  shall  be  at  once  sent 
by  tlie  Xctlierland  tiovcrnnient,  tliron^;li  ilie  (iipl(.matic  cliamiel,  to  the 
I'o\.crs  invited  to  the  Second  I'eace  I  unfercnce.  as  well  as  U>  the  other 
Powers  which  have  adhered  to  the  Convention.  In  tlie  cases  contem- 
plated in  the  preceding  paragraph,  the  said  tioveniment  shall  at  the 
same  time  inform  tliem  of  the  date  on  which  it  received  the  notification. 


¥1 

\ 


III 


Article  8 

Non-signatory  Powers  may  a<lhere  to  the  present  (.onvention. 

I  he  Power  which  desires  to  adhere  notifies  in  writing  its  intention 
to  the  Xetherland  Cjovernment,  forwarding  to  it  the  act  of  adhesion, 
which  shall  be  depo.sited  in  the  archives  of  the  said  Government. 

The  said  Government  shall  at  tmce  transmit  to  all  tlie  Lther  I'ouers 
a  duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhesion, 
slating  the  date  on  which  it  received  the  notification. 


n  ^iKTiaf.r  V 


Artici.i;  9 

The  present  Convention  shall  come  into  force,  in  the  case  of  the  ^ 'J';?'  "' 
Powers  which  were  a  party  to  the  first  ile[x>sit  of  ratifications,  si.xty 
days  after  the  date  of  the  procis-xrrhal  of  that  deposit,  and,  in  the  case 
of  the  Powers  which  ratify  -nl,-.  .I'lently  ..r  which  adhere,  sixty  days 
after  the  notification  of  their  ratification  or  of  their  adhesion  has  been 
received  by  the  Xetherland  » .overnnKnt. 


Akik  i.k  10 

In  the  event  of  one  of  tlic  c(  ntracling  Powers  wi.shin-  to  dknounc;'   '"■ 
the  present  C"oiiveniion.  tin-  (!u:iMu-:alioii  .Imll  \k  notified  in  writiiii,'  to 
the  Xetherland  Government,  which  shall  at  once  communicate  a  certi- 
fied copy  of  the  noiir„Mt:oii  lo  all  the  ■  tl'.r  Power-,  informing  them  of 
the  date  on  which  it  was  received. 

The  dcnnnriati.Mi  -hall  onl.  Ii:,\r  (('fci-t  in  rej,Mrd  to  the  iiotifyitiLj 
I'ower,  and  one  year  .it'ter  tin  iioiirlcilion  Iia.  reiu-licd  the  .Wtherland 
Government. 


144 


Ct)NVKNTION  VI  OF  1907 


ralihi  ationi. 


|ir      .Pt.  ( 
>  T  ittin»l. 


Akiicle  11 

A  register  kqu  by  the  Miniitry  »f  I"(iitij;ii  Aflaits  ?.hall  ^:ive  the  date 
of  'he  deposit  of  ratihcatioiis  iiiaile  in  virtue  of  Article  7,  paragraphs 
J  ami  4,  as  well  as  the  date  on  wlmli  the  iidtificatinns  of  adhesion  (Ar- 
ticle H,  paragraph  J)  or  of  dcnuticiatioii  (Article  10.  paragraph  1) 
have  been  received. 

Each  contractiii);  I'uwcr  is  entitled  U>  have  access  to  this  register  and 
U>  he  supplied  with  certilied  extracts  from  it. 

in  faith  whereof  the  pleni|)otentiaries  have  apixnded  to  the  jiresent 
Cmivtiiiion  their  sij^natures. 

UoiK  .It  Ihe  Hague,  the  I8ih  t)ctol>er,  \'X)7,  in  a  single  copy,  which 
shall  remain  dcpoMtcd  in  the  archive-,  of  the  Xetherland  (iovcrniiicnt, 
and  duly  ccrtitied  copies  of  which  sli.ill  he  sent  thrnugh  the  diplomatic 
channel,  to  the  I'ower-,  which  ha.--  been  invited  to  the  Second  I'eace 
Confereii-:e. 

[llcie  lo^kiw  signatures.  I 


RATIFICATH   Nb.  ADHESIONS  AND  HfSEHVATIONS 

The   tijri^^omg  Loiivinti.  u   \\a^  ratit'ud  by  the   following  signatory 
j'dwii,  "11  the  <late^  indualed: 

.\u>tria-l  luiigary .\i;vcinln  r  17,  1"W 

lU-l-iuin \n;^ii-t  S.  I'^IO 

Hra/il January  5,  I'JU 

t  uba Fehniary  J2,  1912 

Oeiiiii.irk N'ovemher  27.  VXf) 

I'raiue <  ictol.cr  7.  1910 

Ciennany November  27 ,  l'H» 

( ireat  Uritaiii .N'ovenilier  27,  1' W 

(nialeinala March   15,  1911 

1  Initi Febnmry  2,  1910 

Japan IVcctnbcr   13,  191 1 

I.iiNnnbtiri,' Sejitcniber  3.  1912 

Mexico N'ovemher  17,  1909 

Xetherland- N'ovemher  27,  VKf) 

Norw  av September  19,  1910 

Panama September  11,  191 1 

Portugal April   1  J,  191 1 


;S^Ksl 


KM  MY  MKRCHANT  SHIPS  AT  OUTBREAK  OIHOS  III. mi>    145 

Rotimania March  1,  1912 

Russia November  21,  1909 

Salvador November  27,  1909 

Siam March  12.  1910 

Spain March  18.  1913 

Sweden N'ovember  27.  1909 

Switnerland May  12.  1910 

AdhtiioHs: 

Lil>cria February  4,  1914 

Nicaragua December  16,  1909 


m 


Si  I 


The    following  Powers   signed   the   Convention   but    linve   not   yet 
ratified : 

Argcniinc  Republic  Montenegro 

Bolivia  I'araguay 

I{ul).,'aria  Persia 

f  hile  Peru 

Colombia  .'^irlii.i 


Dotniiiirnn  Republic 

Fvcuador 

Greece 

Italy 


Turkey 

LVuguay 

X'enezuela 


Resen-ai'xons} 

Ciermany 

Under  reservation  of  Article  3  and  of  Article  4.  para- 
graph 2.' 

Russia 

Under  the  reservations  made  as  to  .Article  3  and  .Article  4, 
paragraph  2,  of  the  present  <  "'invention,  and  recorded  in  the 
minutes  of  the  seventh  plenary  session  of  September  27,  1907.' 


'Thrsr  reservations  were  maili'  at  siifiiaturr  and  maintained  at  ratification. 

•Ttie  r.frman  and  Rns'ian  dclecitions  consiilcro  \  thnt  t'le'e  provision'i  es- 
tablished an  ine(|ii,\lity  tittween  ,'^lates  in  imi'lisini;  finaneial  Inir.li-ns  en  l!  osc 
F'owers  wliirh.  larkiiu'  naval  stations  in  iliff»-rrnt  part*  of  tlif  <vi  rid.  are  net  in  a 
posifiiin  t"  take  vism  |s  wltich  tliey  have  sei-eil  into  a  port,  bnf  find  t'lemselvrs 
rompflV-d  to  destroy  them      AcUs  el  dpruminl.t.  vol    i.  p.  2.Vi;  vnl    jii,  p   018 


P^vS^iV*^?:- 


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MICROCOfY   RESOLUTION   TEST   CHART 

I  ANSI  and  ISO  TEST  CHART  No    21 


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CONVENTION  IVII)  RELATING  TO  THE   CONVERSION   OF  MERCHANT 
SHIPS  INTO  WAR-SHIPS 

Signed  ai  The  Hague,  October  18,  1907 


Purpose  of 
Convention. 


Plenipotentiaries. 


His  Majesty  the  German  Emperor,  King  of  Prussia;  [etc.]  : 

Whereas  it  is  desirable,  in  view  of  the  incorporation  in  time  of  war 
of  merchant  ships  in  the  fighting  fleet,  to  define  the  conditions  subject 
to  which  this  operation  may  be  effected ; 

Whereas,  however,  the  contracting  Powers  have  been  unable  to  come 
to  an  agreement  on  the  question  whether  the  conversion  of  a  merchant 
ship  into  a  war-ship  may  take  place  upon  the  high  seas,  it  is  under- 
stood that  the  question  of  the  place  where  such  conversion  is  effected 
remains  outside  the  scope  of  this  agreement  and  is  in  no  way  affected 
by  the  following  rules ; 

Being  desirous  of  concluding  a  Convention  to  this  effect,  have  ap- 
pointed the  following  as  their  plenipotentiaries: 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  having  deposited  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  provisions: 


Cnn\crted 
merchant  ships 
tr>  h«-  MndiT 
.^tate  control. 


.'\rticle  1 

A  merchant  i^hip  converted  into  a  war-ship  can  not  have  the  rights 
and  duties  accruing  to  such  vessels  unless  it  is  placed  under  the  direct 
authority,  immediate  control,  and  responsibility  of  the  Power  whose 
flag  it  flies. 

Article  2 

dJ^tingufs'i.iiiK  Merchant   ships  converted  into  war-ships  must  bear  the  external 

"'"^^-  marks  which  distinguish  the  war-ships  of  their  nationality. 


Cotnniandt'r 
must  hr  duly 
comrrifsioned. 


Article  3 

The  commander  must  be  in  the  service  of  the  State  and  duly  com- 
missioned by  the  competent  authorities.  His  name  must  figure  on  the 
list  of  the  officers  of  the  fighting  fleet. 


CONVERSION  OF  MERCHANT  SHIPS  INTO  WAR-SHTPS       14/ 


Article  4 
The  crew  must  be  subject  to  military  discipline. 

Akticl.!-;  5 


Crew  '-u'tu'ct 
to  niiUtary 


Every  merchant  ship  converted  into  a  war-ship  must  observe  in  if:   ta"'and°"s' 
operations  the  laws  and  customs  of  war.  '"""^  "*  "^'■' 


n 


Article  6 
A  belligerent  who  converts  a  merchant  ship  into  a  war-ship  must,  as   C""vcr5ion 


soon  as  possible,  announce  such  conversion  in  the  list  of  war-ships. 


must  be 
annuunced. 


Article  7 

The  Drovisions  of  the  present  Convention  do  not  apply  except  be-     °*'"  '"^" 
tween  contracting  Powers,  and  then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 

Article  8 


Ratification. 

Deposit  at 
Tile  Hague. 


Ccrtitifd  f 
to  Power: 


The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hagiie. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  prods-verbal 
signed  by  the  representatives  of  the  Powers  who  take  part  therein  and 
by  the  Xetherland  Minister  for  Foreign  Affairs. 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means  of 
a  written  notification,  addressed  to  the  Xetherland  Government  and  ac- 
companied by  the  instrument  of  ratification. 

A  duly  certified  copy  oi  tl  e  procts-verbal  relative  to  the  first  deposit 
of  ratifications,  of  the  notifications  mentioned  in  the  preceding  para- 
graph, as  well  as  of  the  instruments  of  ratification,  shall  be  at  once 
sent  by  the  Xetherland  Government,  through  the  diplomatic  channel, 
to  the  Powers  invited  to  the  Second  Peace  Conference,  as  well  as  to 
the  other  Powers  which  have  adhered  to  the  Convention.  In  the  cases 
contemplated  in  the  preceding  paragraph  the  said  Government  shall 
at  the  same  time  inform  them  of  the  date  on  wliich  it  received  the 
notification. 

Article  9 

Non-signatorv  Powers  may  adhere  to  the  present  Convention.  .Non-s.p.iatury 

The  Power  which  desires  to  adhere  notifies  its  intention  in  writing  may  adhere. 


148 


CONVENTION  VII  OF  1907 


Ncnification  to 
other  I^owers. 


to  the  Netherland  Government,  forwarding  to  it  the  act  of  adhesion, 
which  shall  be  deposited  in  the  archives  of  the  said  Government. 

That  Government  jhall  at  once  transmit  to  all  the  other  Powers  a 
duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhesion, 
stating  the  date  on  which  it  received  the  notification. 


F.ITcct    if 
Convention. 


Article  10 

The  pre.sent  Convention  shall  come  into  force,  in  the  case  of  the 
Powers  which  were  a  party  to  the  first  deposit  cf  ratifications,  sixty 
days  after  the  date  of  the  procts-vcrbal  of  this  deposit,  and,  in  the  case 
of  the  Powers  which  ratify  subsequently  or  which  adhere,  sixty  days 
after  the  notification  of  ti^  'r  ratification  or  of  their  adhesion  has  been 
received  bv  the  Netherland  Government. 


Dcniinciatinn. 


R. •^'i5'c^  of 
ratifications. 


Signing. 


Pepii'iit  of 
original. 


Article  U 

In  the  event  of  one  of  the  contracting  Powers  wishing  to  denounce 
the  present  Convention,  the  denunciation  shall  be  notified  in  writing  to 
the  Netherland  Government,  which  shall  at  once  communicate  a  duly 
certified  copy  o^  the  notification  to  all  the  other  Powers,  informing 
them  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland 
Government. 

Article  12 

A  rc^^istcr  kept  by  the  Nciherlniid  Ministry  for  Foreign  .MTairs  shall 
give  the  date  of  the  deposit  of  ratifications  made  in  virtue  of  .Article  8, 
para<^raphs  3  and  4.  as  well  as  the  date  on  whicli  the  notifications  of 
adhesion  (.Article  9.  paragraph  2)  or  of  denunciation  (Article  11,  para- 
graph 1)  have  been  received. 

Each  contracting;-  Power  is  entitled  to  have  access  to  this  register 
and  to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  thelf  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which 
shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  .shall  he  sent,  through  the  diplomatic 
channel,  to  the  Powers  which  have  been  invited  to  the  Second  Peace 
Conference. 

[Here  follow  sigtiatures.l 


V"\w\i.vmiM  '1  ■ 


CONVEKSION  OF  MERCHANT  SHIPS  INTO  WAR-SHIPS      149 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following 
Powers  on  tiie  dates  indicated : 

Austria-Hungary November  27 

Belgium August  8, 

Brazil January  5 

Denmark November  27 

France October  7 

Germany November  27 

Great  Britain November  27 

Guatemala March  15 

Haiti February  2 

Japan December  13 

Luxemburg Septeniuer  5 

Mexico November  27 

Netherlands November  27 

Norway September  19 

Panama September  1 1 

Portugal April  13 

Roumania March  1 

Russia November  27 

Salvador November  27, 

Siam March  12 

Spain March  18 

Sweden November  27 

Switzerland May  12, 


signatory 

1909 
1910 
1914 
190*; 
1910 
1909 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1913 
1909 
1910 


Adhesions: 

Liberia February  4,  1914 

Nicaragua December  16,  1909 


The    following   Powers  signed   the   Convention  but   have  not    vet 
ratified : 

Argentine  Republic                                     Italy 

Bolivia  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Cuba  Serbia 

Ecuador  Turkcv 


Greece 


\  cnczucla 


150 


CONVENTION  VII  OF  1907 


Reserz'ation:^ 
Turkey 

Under   reservation   of  the   declaration   made  at  the 
plenary  session  of  the  Conference  of  October  9,  1907. 


eighth 


Extract  from  the  proa^ s-verbal: 

The  Imperial  Ottoman  Government  does  not  engage  to  recog- 
nize as  vessels  of  war,  ships  which,  being  in  its  waters  or  on  the 
high  seas  under  a  merchant  flag,  are  converted  on  the  opening  of 
hostilities.' 


'This  reservation  was  rrade  at  ^ll;natur'' 
^Actes  et  documents,  vol.  i,  p.  277. 


CONVENTION  (VIII)  RELATIVE  TO  THE  LAYING  OF  AUTOMATIC 
SUBMARINE  CONTACT  MINES 

Signed  at  The  Hague,  October  18,  1907 


I 


His  Majesty  the  German  Emperor,  King  of  Prussia;  [etc.]  : 

Inspired  by  the  pr'rciple  of  the  freedom  of  sea  routes,  the  com- 
mon highway  of  all  nations; 

Seeing  that,  although  the  existing  position  of  affairs  makes  it 
impossible  to  forbid  the  employment  of  automatic  submarine  contact 
mines,  it  is  nevertheless  desirable  to  restrict  and  regulate  their  em- 
ployment in  order  to  mitigate  the  severity  of  war  and  to  ensure,  as 
far  as  possible,  to  peaceful  navigation  the  security  to  which  it  is 
entitled,  despite  the  existence  of  war- 

Until  such  time  as  it  is  found  possible  to  formulate  rules  on  the 
subject  which  shall  ensure  to  the  interests  involved  all  the  guarantees 
desirable; 

Have  resolved  to  conclude  a  Convention  for  this  purpose,  and 
have  appointed  the  following  as  their  plenipotentiaries: 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  having  deposited  their  full  powers,  found  in  good  and 
due  form,  have  as^rced  upon  the  following  provisions : 


Purpose  o( 
Ci'iivcnticT. 


Article  1 
It  is  forbidden—  rmhihition,. 

1.  To  lay  unanchored  automatic  contact  mines,  except  when  they   'j,'Ji^"„'^^',""'' 
are  so  constructed  as  to  become  harmless  one  hour  at  most  after  the   if'"tnct  mines. 
person  who  laid  them  ceases  to  control  them ;' 

2.  To  lay  anchored  automatic  contact  mines  which  do  not  become   ^^^"^^"[n'linj^ 
harmless  as  soon  as  they  have  broken  loose  from  their  moormgs ; 

3.  To  use  torpedoes  which  do  not  become  harmless  when  they  have   Tonedoes. 
missed  their  mark. 

Article  2^ 

It  is   forbidden  to  lay  automatic  contact  mines  off  the  coast  and    ^^^'.^commcrdai 
ports  of  the  enemy,  with  the  sole  object  of  intercepting  commercial   s'''i'!''"R- 
shipping. 


iThc  Mominican  Rcinili'ic  and  Siani  simied  under  reservation  of  tlii';  paragraph 
See  also  tlic  Koneral  reservation  of  Turkey,  f<('st.  p.  1.^6. 
-I'ranec  and  Grrmanv  siijned  under  reservation  of  .Xrticlc  2. 


152 


CONVENTION  VIII  OF  1907 


Article  3 

I'/acliuuhMMMng.  ^^''^c"  anchored  automatic  contact  mines  are  employed,  every  pos- 
sil)le  precaution  must  be  taken  for  the  security  of  peaceful  shipping. 
Tiic  belligerents  undertake  to  do  their  utmost  to  render  these  mines 
liarnilcss  wiiliin  a  limited  time,  and,  should  they  cease  to  be  under 
surveillance,  to  notify  the  danger  zones  as  soon  as  military  exigencies 
permit,  by  a  notice  addressed  to  >!iip  owners,  which  must  also  be 
communicated  to  the  Governments  through  the  diplomatic  channel. 


Nutice  of 
danger  zont-s 


Mines  l,Tiil  ly 
neutral  I'owers. 


Removal  at 
closf  o(  war. 


Notification 
of  position. 


.Xdtijition  of 
perfected  mines. 


PowerE  bound. 


Article  4 

Xeutral  Powers  which  lay  automatic  contact  mines  off  their  coasts 
must  observe  the  same  rules  and  take  the  same  precautioi  as  are 
imjwsed  on  belligerents. 

The  neutral  Power  must  inform  ship  owners,  by  a  notice  issued  in 
advance,  where  automatic  contact  mines  have  been  laid.  This  notice 
must  be  communicated  at  once  to  the  Governments  through  the  dip- 
lomatic channel. 

Article  5 

At  the  close  of  the  war,  the  contracting  Powers  undertake  to  do 
their  utmost  to  remove  the  mines  which  they  have  laid,  each  Power 
removing  its  own  mines. 

As  regards  anchored  automatic  contact  mines  laid  by  one  of  the 
belligerents  off  the  coast  of  the  other,  their  position  must  be  notified 
to  the  other  party  by  the  Power  which  laid  them,  and  each  Power 
must  proceed  with  the  least  possible  delay  to  remove  the  mines  in 
its  own  waters. 

Article  6' 

The  contracting  Powers  which  do  not  at  present  own  perfected 
Uiuies  of  the  pattern  contemplated  in  the  present  Convention,  and 
which,  consequently,  could  not  at  pre.sent  carry  out  the  rules  laid 
down  in  Articles  1  and  3.  undertake  to  convert  the  materiel  of  their 
mines  as  soon  as  possible,  so  as  to  bring  it  into  conformity  with  the 
foregoing  requirements. 

Article  7 

The  provisions  of  the  present  Convention  do  not  apply  except 
between  contracting  Powers,  and  then  only  if  all  the  belligerents 
are  parties  to  the  Convention. 


ji  Turkey,  pes:,  p.  136. 


AUTOMATIC  SUBMAIMNH  CONTACT  MlNEi 


Article  8 


153 


Ramie  atrnn. 


Ii<-l"'sit  at 
riic  Ila^up. 


The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  rjitifications  shall  be  deposited  at  The  Hague. 

The  firs  deposit  of  ratifications  shall  be  recorded  in  a  proccs-vcrbal 
signed  by  i..e  representatives  of  the  Powers  which  take  part  therein 
and  by  the  Xetherland  Minister  for  Foreign  Affairs. 

The  subsequent  dcjwsits  of  ratifications  shall  be  made  by  means  of 
a  written  notification  addressed  to  the  .Vetherland  (iovernment  and 
accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proccs-vcrbal  relative  to  the  first  ftr':''>''i"'iif' 
deposit  of  ratifications,  of  the  notifications  mentioned  in  the  preced- 
ing paragraph,  as  well  as  of  the  instnnncnts  of  ratification,  shall  be 
at  once  sent,  by  the  Xetherland  Government,  through  the  diplomatic 
channel,  to  the  Powers  invited  to  the  Second  Peace  Conference,  as 
well  as  to  the  other  Powers  which  have  adhered  to  the  Convention. 
In  the  cases  contemplated  in  the  preceding  paragraph,  the  said  Gov- 
ernment shall  inform  them  at  the  same  time  of  the  date  on  which  it 
has  received  the  notification. 


Article  9 

Non-signatory  Powers  mav  adhere  to  the  present  Convention.  Adi.erence  of 

llie  h-ower  which  desires  to  adhere  notifies  m  writing  its  intention   ''o*'"- 

to  the  Xetherland  Government,  transmitting  to  it  the  act  of  adhes 

which  shall  be  deposited  in  the  archives  of  the  said  Government. 

This  Government  shall  at  once  transmit  to  all  the  other  Powers  a 

duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhesion, 

stating  the  date  on  which  it  received  the  notification. 


SlOn,     ^'^'ifi^lion 
'    oi  intent. 


Commulikation 
to  other  Powers. 


Article  10 

The  present  Convention  shall  come  into  force,  in  the  case  of  the 
Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixtv 
days  after  the  date  of  the  proccs-vcrbal  of  this  deposit,  and,  in  the 
case  of  the  Powers  which  ratify  subsequently  or  adhere,  si.xty  days 
after  the  notification  of  their  ratification  or  of  their  adhesion  has  been 
received  by  the  Xetherland  Government. 


KfTcit  of 
r.ititicatinn. 


154 


CONVENTION  VlII  OF  1907 


duration. 


licnuncialion. 


Notifying 
only  afl«ted. 


Reopening 
question. 


New  Convention. 


Article  11 

The  present  Convention  shall  remain  in  force  for  seven  years, 
dating  from  the  sixtieth  day  after  the  date  of  the  first  deposit  of 
ratifications. 

L'nless  denounced,  it  shall  continue  in  force  after  the  expiration  of 
this  period. 

The  denunciation  -hall  be  notified  in  writing  to  the  Nethcrland 
Government,  which  shall  at  once  communicate  a  duly  certified  copy 
of  the  notification  to  all  the  Powers,  informing  them  of  the  date  on 
which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  six  months  after  the  notification  has  reached  the  Nether- 
land  Government. 

Article  12 

The  contracting  Powers  undertake  to  reopen  the  question  of  the 
employment  of  automatic  contact  mines  six  months  before  the  expira- 
tion of  the  period  contemplated  in  the  first  paragraph  of  the  pre- 
ceding article,  in  the  event  of  the  question  not  having  been  already 
reopened  and  settled  by  the  Third  Peace  Conference. 

If  the  contracting  Powers  conclude  a  fresh  Convention  relative 
to  the  employment  of  mines,  the  present  Convention  shall  cease  to 
be  applicable  from  the  moment  it  comes  into  force. 


Register  of 
ratitk-ations. 


rvpcsit 
of  original- 


Article  13 

A  register  kept  by  the  Xetherland  Ministry  for  Foreign  Affairs 
shall  give  the  date  of  the  eleposit  of  ratifications  made  in  virtue  of 
Article  8,  paragraphs  3  and  4,  as  well  as  the  date  on  which  the  noti- 
fications of  adhesion  (Article  9,  paragraph  2)  or  of  denunciation 
(Article  11,  paragraph  3)  have  been  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register 
and  to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18lh  October,  1907,  in  a  single  copy, 
which  shall  remain  deposited  in  the  archives  of  the  Xetherland  Gov- 
ernment, and  duly  certified  copies  of  which  shall  be  sent,  through  the 
diplomatic  channel,  to  the  Powers  which  have  been  invited  to  th" 
Second  Peace  Conference. 

[Here   follow  siyiiatuies.] 


1 


AUTOMATIC  SUBMARINE  CONTACT  MINES 


155 


RATIFICATIONS.    ADHESIONS    AND    RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following 
Powers  on  the  elates  indicated: 

Austria-FIungary November  27, 

Belgium August  8, 

Brazil January  5, 

Denmark November  27, 

France October  7, 

Germany November  27. 

Great  Britain November  27, 

Guatemala March  15, 

Haiti February  2, 

Japan December  13, 

Luxemburg September  5 

^lexico November  27, 

Netherlands November  27, 

Norway September  19, 

Panama September  11, 

Roumania March  1 

Salvador November  27, 

Siam March  12, 

Switzerland May  12, 

United  States November  27, 

Adlicsiotis: 

f'iberia Febr  lar-   i 

Nicaragua Deccmlx      .>,, 

The    following    Powers    signed    the   Convention   but    bav 
ratified : 

Argentine  Republic  Italy 

Bolivia  Paraguay 

Bulgaria  Persia 

Chile  Peru 

Colombia  Serbia 

Cuba  Turkey 

Dominican  Republic  Uruf^uav 

Ecuador  Venezuela 
Greece 


signatory 

1909 
1910 
l'M4 
1009 
1910 
1909 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1912 
1909 
1910 
1910 
1909 


191 


vet 


,« 


u^ 


1S6 


CONVENTION  VIII  OF  1907 


Rcsen'ations:'' 

Dominican  Republic 

W  illi  reservation  as  to  the  first  paragraph  of  Article  1. 

France 

Lnder  reservation  of  Article  2.' 

( lernian y 

L'nder  reservition  of  Article  2.' 

(jreat  i'.ritain 

liuier  reservation  of  the  following  declaration: 

In  affixiiiK  tlicir  sinnaturfs  to  the  above  Convention  tlic  British 
plenipotentiaries  declare  that  the  mere  fact  that  this  Convention  does 
not  proliibit  a  particular  act  or  proct'cdinR  must  not  be  licid  to  debar 
His  Britannic  Majesty's  Government  from  contesting  its  legitimacy' 

Siatn 

L'nder  reservation  of  Article  1,  paragraph  1.* 

Turkey 

Under  reservation  of  the  declarations  recorded  in  the  prods- 
verbal  of  the  eighth  plenary  session  of  the  Conference  held  on 
October  9,  1907. 

Extract  from   the  proc f s-verbal: 

The  Imperial  Ottoman  delegation  can  not  at  the  present  time 
undertake  any  engagement  whatever  for  perfected  systems  which 
are  not  yet  universally  known.  •  •  *  The  Imperial  Ottoman 
dcleKation  believes  that  it  should  declare  that,  given  tlie  exceptional 
situation  created  by  treaties  in  force  of  the  straits  of  the  Dar- 
danelles and  the  Bosphorus,  straits  which  are  an  integral  part  of 
the  territory,  the  Imperial  Government  could  not  in  any  way  sub- 
scribe to  any  undertaking  tending  to  limit  the  means  of  defense 
tl.at  it  may  deem  necessary  to  employ  for  these  straits  m  case  of 
war  or  with  the  aim  of  causinp;  its  neutrality  to  lie  respected. 
The  Imperial  Ottoman  dcleRation  can  not  at  the  present  time  take 
part  in  any  eiigaKcnicnt  as  rcRards  the  conversion  Mentioned  m 
Article  6.» 


'All  these  reservations  were  made  at  signature. 

=  Reservation  maintained  at  ratification. 

'Statement  of  Turkhan  Pasha.    Actcs  et  documents,  vol.  i,  p.  280. 


CONVENTION  (IX)  CONCERNING  BOMBARDMENT  BY  NAVAL  FORCES 

IN  TIME  OF  WAR 

Signed  at  The  Hague,  October  18,  19C7 

His  Majesty  the  German  Mmpcror,  King  of  Prussia;  [etc.]  : 

Anitnated  l)y  the  desire  to  rcahzc  the  wish  expressed  by  the  First 
Peace  Conference  resjiecting  the  boinbardineiit  by  naval  forces  of  un- 
defended ports,  towns,  and  villages ; 

\\  hereas  it  is  expedient  that  bombardments  by  naval  forces  should 
be  subject  to  rules  of  general  application  which  would  safeguard  tin- 
rights  of  the  inhal)ita.as  and  assure  the  preservation  of  the  more 
important  buildings,  by  applying  as  far  as  possible  to  this  operation 
of  war  the  principles  of  the  Regulation  of  1899  respecting  the  laws 
and  customs  of  land  war  ; 

Actuated,  accordingly,  by  the  desire  to  serve  the  interests  of  human- 
ity and  to  diminish  the  severity  and  disasters  of  war; 

Have  resolved  to  conclude  a  Convention  to  this  efifect,  and  have,  for 
this  purpose,  appointed  the  following  as  their  i)lenii)otcntiaries : 

[Here  follow  the  names  of  the  plenipotentiaries.] 

Who,  after  depositing  their  full  powers,  found  in  good  and  due 
form,  have  agreed  upon  the   following  provisions : 

Chapter  I.— The  Bnwhardmcnt  of  Undc fended  Ports,  Tozvtts.  Vil- 
lages, Durlliiigs,  or  Buildings 

Article  1 

The  bombardment  by  nav-.l  forces  of  undefended  ports,  towns, 
villages,  dwellings,  or  buildings  is  forbidden. 

A  pl.acc  cannot  he  bombarded,  solely  because  automatic  submarine 
contact  mines  are  anchored  cifT  the  harbor.* 


ili\rtltl<>n. 


I:<itiiI».Tr'lm('nt 
'  f  nn.l.findcJ 
I"irt>.  vU\, 
f.Tl.i.lilrn. 


Article  2 


Military   works,  military  or  naval   establishments,  depots  of  arms   Mi!ii.iry 
or  war  materiel,  workshops  or  plant  which  could  be  utilized  for  the   "om'u T ' 


W-V.nnrp,    Germany.    Great     Rrit.Tir 
paragraph. 


n-aHe    re?.er\  ali-jus    of    this 


158 


COXVENTIOX    IX  OF   1907 


T-r,n\..i.iaMo 
ilan'.;ik"-. 


F'rccantionary 

measures. 


needs  of  the  hostile  fleet  or  army,  and  the  ships  of  war  in  the  harbor, 
are  not,  however,  included  in  this  prohibition.  The  commander  of  a 
naval  force  may  destioy  them  with  artillery,  after  a  summons  fol- 
lowed by  a  reasonable  time  of  waiting,  if  all  other  means  are  impos- 
sible, and  when  the  local  authorities  have  not  themselves  destroyed 
them  within  the  time  fixed. 

He  incurs  no  responsibility  for  any  unavoidable  damage  which  may 
be  caused  by  a  bombardment  under  such  circumstances. 

If  for  military  reasons  immediate  action  is  necessary,  and  no  delay 
can  be  allowed  the  enemy,  it  is  understood  that  the  prohibition  to 
bombard  the  undefended  town  holds  good,  as  in  the  case  given  in 
paragraph  1,  and  that  the  commander  shall  take  all  due  measures  in 
order  that  the  town  may  suffer  as  little  harm  as  possible. 


Rnnihardment 
on  declininK 
to  furnish  I'ro 
\  isions,  etc., 
1(1  fli  et. 


Artk  le  3' 

After  due  notice  has  been  given,  the  bombardment  of  undefended 
ports,  towns,  villages,  dwellings,  or  buildings  may  be  commenced,  if 
the  local  authorities,  after  a  formal  summons  has  been  made  to  them, 
decline  to  comply  with  requisitio  for  provisions  or  supplies  neces- 
sary for  the  immediate  use  of  the  naval  for^e  before  the  place  in 
question. 

These  requisitions  shall  be  in  proportion  to  the  resources  of  the 
place.  They  shall  only  be  demanded  in  the  name  of  the  commander 
of  the  said  naval  force,  and  they  shall,  as  far  as  possible,  be  paid  for 
in  cash;  if  not,  they  shall  be  evidenced  by  receipts. 


■  ntri!nition'^. 


liuildiiiKS,  etc. 
to  be  spared. 


Article  4 

Undefended  ports,  towns,  villages,  dwellings,  or  buildings  may  not 
be  bombarded  on  account  of  failure  to  pay  money  contributions. 

Chapter  II. — General  Provisions 

Article  5 

In  bombardments  by  naval  forces  all  the  necessary  measures  must 
be  taken  by  the  commander  to  spare  as  far  as  possible  sacred  edifices, 
buildings  used  for  artistic,  scientific,  or  charitable  purposes,  historic 
nionuniciits,  hospitals,  and  places  where  the  sick  or  wounded  are  col- 
lected, on  the  understanding  that  they  arc  not  used  at  the  same  time 
for  military  purposes. 


'Chile  made  reservation  of  Article  3. 


BOMBARDMENT  BY  NAVAL  FORCES 


159 


It  is  the  duty  of  the  inhabitants  to  indicate  such  monuments,  edifices,    '"'li'ati.ms 

■  '  '     required. 

or  places  by  visible  signs,  which  shall  consist  of  large,  stitY  rectangular 
panels  divided  diagonally  into  two  colored  triangular  portions,  the 
upper  puition  black,  the  lower  portion  white. 

Article  6 
If  the  military  situation  permits,  the  commander  of  the  attacking   Warning  to 

,    ,  '  '^     autluinlies. 

naval  force,  before  commencing  the  bombardment,  must  do  his  utmost 
to  warn  the  authorities. 

Article  7 
A  town  or  place,  even  when  taken  by  storm,  may  not  be  pillaged.   T'^l^.^'' 

Ch.\pter  III.— F/«a/  Provisions 

Article  8 

The  provisions  of  the  present  Convention  do  not  apply  except  be-   fo*"' bound. 
tween  contracting  Powers,  and  then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 


Article  9 

The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proccs-vcrbal 
signed  by  the  representatives  of  the  Powers  wliich  take  part  therein 
and  by  the  Xetlierland  Minister  of  Foreign  .\ttairs. 

The  siih<c(iuetit  deposits  of  ratifications  shall  be  made  by  nieaii- 
of  a  written  notification  addressed  to  the  Netherland  Government 
and  accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proccs-vcrbal  relative  to  the  first  de- 
posit of  ratifications,  of  the  notifications  mentioned  in  the  preceding 
paragraph,  as  well  as  of  the  instruments  of  ratification,  shall  be  at 
once  sent  by  the  Netherland  Government,  through  the  dijilomatic 
channel,  to  the  Powers  invited  to  the  Second  Peace  Conference,  as 
well  as  to  the  other  Powers  which  have  adhered  to  the  Convention. 
In  the  cases  contemplated  in  the  preceding  paragraph,  the  said  Gov- 
ernment shall  inform  them  at  the  same  time  of  the  date  on  which  it 
received  the  notification. 


Ratification. 

Deposit  at 
The  Hague. 


<\  rtiilrd  conies 
tn  tlie  Powers. 


ii 


160 


CONVENTION  IX  OF  1907 


Adhesion  of 
non-sii!natory 
I'owers. 
Noliiication 
ui  intent. 


Conimunicatitin 
to  other 
Powers. 


Article  10 

Non-signatory  Powers  may  adhere  to  the  present  Convention. 

The  Power  which  desires  to  adhere  shall  notify  its  intention  to  the 
Xetherland  Government,  forwarding  to  it  the  act  of  adhesion,  which 
shall  be  deposited  in  the  archives  of  the  said  Government. 

This  Government  shall  immediately  forward  to  all  the  other  Powers 
a  duly  certified  copy  of  the  notification,  as  well  as  of  the  act  of  ad- 
hesion, mentioning  the  date  on  which  it  received  the  notification. 


EiTcct  cf 
ratitication. 


Article  11 

The  present  Convention  shall  come  into  force,  in  the  case  of  the 
Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  proccs-vcrbal  of  that  deposit,  and,  in  the 
case  of  the  Powers  which  ratify  subsequently  or  which  adhere,  sixty 
.lays  after  the  notification  of  their  ratification  or  of  their  adhesion 
has  been  received  by  the  Xetherland  Government. 


I">tn'.inciation. 


N'-lifyinc: 

i'dwer 

onlv  atTtctcd. 


Rt'Ci^tcr  of 
ratiticatiuiis. 


SigninR. 


Deposit 
of  original. 


Article  12 

In  the  event  of  one  of  the  contracting  Powers  wishing  to  denounce 
the  present  Convention,  the  denunciation  shall  be  notified  in  writmg 
to  the  Xetherland  Government,  which  shall  at  once  communicate  a 
duly  certified  copy  of  the  notification  to  all  the  other  Powers  inform- 
ing them  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  one  year  after  the  notification  has  reached  the  Xether- 
land Government. 

Article  13 

.\  register  kept  by  the  Xetherland  Minister  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit  of  ratifications  made  in  virtue  of 
Article  9,  paragraphs  3  and  4,  as  well  as  the  date  on  which  the  notifi- 
cations of  adhesion  (Article  10,  paragraph  2)  or  of  denunciation  (Ar- 
ticle 12,  paragraph  1)  have  been  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register 
and  to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907.  in  a  single  copy,  which 


BOMBARDMENT  BY  NAVAL  FORCES 


161 


shall  remain   deposited  in  the  archives  of  the   Netherland  Govern- 
ment, and  duly  certified  copies  of  which  shall  be  sent,  through  the 
diplomatic  channel,  to  the  Powers  which  have  been  invited  to  the 
Second  Peace  Conference. 
[Here  follow  signatures.] 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following 
Powers  on  the  dates  indicated: 

Austria-Hungary  November  27, 

Belgium    August  8 

Bolivia    November  27 

Brazil    January  5 

Cuba   February  22 

Denmark  November  27 

France  October  7 

Germany   November  27 

Great  Britain  November  27 

Guatemala  March  15 

Haiti   February  2 

Japan  December  13 

Luxemburg    September  5 

Mexico    November  27, 

Netherlands   November  27 

Norway September  19, 

Panama September  1 1 

Portugal April  13 

Roumania   March  1 

Russia  November  27 

Salvador  November  27, 

Siam    March  12 

Sweden  November  27 

Switzerland  May  12 

United  States   November  27 


signatory 

1909 
1910 
1909 
1914 
1912 
1909 
1910 
1909 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1909 
1910 
1909 


162  CONVENTION  IX  OF  1907 

Adhesions: 

China January  15, 1910 

Liberia    February  4,  1914 

Nicaragua   December  16,  1909 

Spain February  24,  1913 

The   following  Powers   signed   the  Convention   but   have   not  yet 
ratified : 

Argentine  Republic  Montenegro 

Bulgaria  Paraguay 

Chile  P-^rsia 

Colombia  Peru 

Dominican  Republic  Serbia 

Ecuador  Turkey 

Greece  Uruguay 

Italy  Venezuela 

Rescn'otions:^ 
Chile 

Under  the  rci^crvatioii  of  Article  3  made  at  tlie  fourth  plenary 

session  of  August  17. 

Extract  from  the  proccs-xerbal: 

The  delegation  of  Chile  makes  tPiervation  as  to  Article  3.' 
France 

Under  reservation  of  the  second  paragraph  ot  Article  1.' 

Germany 

Under  reservation  of  Article  1,  paragraph  2.' 

Great  Uritain 

Under  reservation  of  *-he  second  paragraph  of  Article  l.'"' 

japan 

With  rc-ervatiov.  of  paragraph  2  of  Article  1.' 


lAlI  tlu'^e  rcs.'natinns  were  made  at  signature. 

"Statement  ;{  Mr.  Domingo  Gana.    Actcs  ct  documents,  vol.  i,  p.  VU. 
Rtserva'-on   maintained   at  ratification. 


/ 


y 


/ 


t.wj^r,-  j-KA  MPii  ::~-^.  I  *-«*b!  ■-■ 


I 


THE  HAGUE  CONVENTIONS  OF  1899  (III)  AND  1907  (X)  FOR 

THE  ADAPTATION  TO  MARITIME  WARFARE  OF  THE 

PRINCIPLES  OF  THE  GENEVA  CONVENTION 


1899 

Convention  (III)  for  the  adapta- 
tion to  maritime  warfare  of  the 
principles  of  the  Geneva  Con- 
vention of  August  22,  1864. — 
Signed  at  The  Hague,  luly  29, 

Mis  Majesty  the  German  Em- 
peror, King  of  Prussia;  [etc.]  : 

Alike  animated  by  the  desire  to 
dimini.sh,  as  far  as  depends  on 
them  the  evils  inseparable  from 
warfare,  and  wishing  with  this  ob- 
ject to  adapt  to  maritime  warfare 
the  principles  of  the  Geneva  Con- 
vention of  the  22d  x\ugust,  1864, 
have  decided  to  conclude  a  con- 
vention to  this  effect: 

They  have,  in  consequence,  ap- 
pointed as  their  plenipotentiaries, 
to  wit : 

[Here  follow  the  names  of 
plenipotentiaries.] 

Who,  after  communication  of 
their  full  powers,  found  in  good 
and  due  form,  have  agreed  on  the 
following  provisions : 


1907 

Convention  (X)  for  the  at.apta- 
tion  to  maritime  warfare  jf  the 
principles  of  the  Geneva  Con- 
vention.— Signed  at  The  Hague, 
October  18,  1907.' 


His  Majesty  the  German  Em- 
peror, King  of  Prussia;  [etc.]  : 
Animated  alike  by  the  desire  to   Purpose  of 

,.      .     .    ,  Convention 

ihmmish,  as  far  as  depends  on 
them,  the  inevitable  evils  of  war; 

And  wishing  with  this  object  to 
adapt  to  maritime  warfare  the 
principles  of  the  Geneva  Conven- 
tion of  the  6th  July,  igo6; 

Have  resolved  to  conclude  a 
Convention  for  the  purpose  of  re- 
vising the  Convention  of  the  sgth 
July,  iSoQ,  relative  to  this  ques- 
tion, and  have  appointed  the  fol- 
lowing as  their  plenipotentiaries  :    I'lcnii-  tentiarit-?. 

[  1  Icre  follow  the  names  of 
I'lcnipntentiaries.] 

Who,  after  having  deposited 
their  full  powers,  found  in  good 
and  due  form,  have  agreed  iipon 
the  following  provisions: 


"Italics  iiidicite  differences  between  the  Conveiuions  of  1899  and  1907. 


% 


n^ 


164 


CONVENTIONS  III  OF  1899  AND  X  OF  1907 


Immunity  to 
military  hos- 
pital siiips. 


Status  in 
neutral  ports. 


Exemption  to 
private  hos- 
pital shii  s. 


Certificate 
required. 


1899 
Akticle  1 

Military  hospital  ships,  that  is 
to  say,  ships  constructed  or  as- 
signed by  States  specially  and 
solely  for  the  purpose  of  assisting 
the  wounded,  sick  or  shipwrecked, 
and  the  names  of  which  shall  have 
been  coinmunicated  to  the  bel- 
ligerent Powers  at  the  beginning 
or  during  the  course  of  hostilities, 
and  in  any  case  before  they  are 
employed,  shall  be  respected  and 
can  not  be  captured  while  hostil- 
ities last. 

These  ships,  moreover,  are  not 
on  the  same  footing  as  men-of- 
war  as  regards  their  stay  in  a 
neutral  port. 


Article  2 

Hospital  ships,  equipped  wholly 
or  in  part  at  the  cost  of  private 
individuals  or  officially  recognized 
relief  societies,  shall  likewise  be 
respected  and  exempt  from  cap- 
ture, provided  the  belligerent 
Power  to  whom  they  belong  has 
given  them  an  official  commission 
and  has  notified  their  names  to  the 
hostile  Power  at  the  commence- 
ment of  or  during  hostilities,  and 
in  any  case  before  they  are  em- 
ployed. 

These  ships  should  be  furnished 
with  a  certificate  from  the  com- 
petent authorities,  declaring  that 
they  have  been  under  their  control 


1907 
Article  1 

Military  hospital  ships  that  is 
to  say,  ships  constructed  or  as- 
signed by  States  specially  and 
solely  with  a  view  to  assisting  the 
wounded,  sick,  and  shipwrecked, 
the  names  of  which  have  been 
communicated  to  the  belligerent 
Powers  at  the  commencement  or 
during  the  course  of  hostilities, 
and  in  any  case  before  they  are 
employed,  shall  be  respected,  and 
can  not  be  captured  while  hostili- 
ties last. 

These  ships,  moreover,  are  not 
on  the  same  footing  as  war-ships 
as  regards  their  stay  in  a  neutral 
port. 

Article  2 

Hospital  ships,  equipped  wholly 
or  in  part  at  the  expense  of  pri- 
vate individuals  or  officially  rec- 
ognized relief  societies,  shall  be 
likewise  respected  and  exempt 
from  capture,  if  the  belligerent 
Power  to  whom  they  belong  has 
given  them  an  official  commission 
and  has  notified  their  names  to 
the  hostile  Power  at  the  com- 
mencement of  or  (luring  hostili- 
ties, and  in  any  case  before  they 
are  employed. 

These  ships  must  be  provided 
with  a  certificate  from  the  com- 
petent authorities  declaring  that 
the  vessels  have  been  under  their 


'■  -r^mi  ■Ma"'S' 


MAF<mMK  WARFARE  AND  THE  GENEVA  CONVENIION       165 


1899 
while  fitting  out  and  on  final  de- 
parture. 

Article  3 

Hospital  ships,  equipped  wholly 
or  in  part  at  the  cost  of  private 
individuals  or  officially  recognized 
societies  of  neutral  countries,  shall 
he  respected  and  exempt  from 
capture,  if  the  neutral  Power  to 
whom  they  bcloni^  has  given  them 
an  official  commission  and  notified 
their  names  to  the  belLgerent 
Powers  at  the  commencement  of 
or  during  hostilities,  and  in  any 
case  before  they  are  employed. 


1907 
control  while  fitting  out  and  on 
final  departure. 

Article  3 

Hospital  ships,  equipped  wholly  " uTau*'"'" °' 
or  in  part  at  the  expense  of  pri- 
vate individuals  or  officially  recog- 
nized societies  of  neutral  coun- 
tries shall  be  respected  and 
exempt  from  capture,  on  condi- 
tion that  they  are  placed  under 
the  control  of  one  of  the  belliger- 
ents, zi-it!i  the  prcz'iotis  consent  of 
their  ozi'it  Government  and  zvith 
the  anthorication  of  the  belliger- 
ent himself,  and  that  the  latter  has 
notified  their  names  to  his  adver- 
sary at  the  commencement  of  or 
during  hostilities,  and  in  any  case, 
before  they  are  employed. 


Article  4 

The  ships  mentioned  in  Articles 
1,  2  arid  3  shall  afford  relief  and 
assistance  to  the  wounded,  sick, 
and  shipwrecked  of  the  belliger- 
ents independently  of  their  nation- 
ality. 

The  Governments  engage  not  to 
use  tliese  ships  for  any  military 
purpose. 

These  ships  must  not  in  any 
way  hamper  the  movement?  of 
the  combatants. 

During  and  after  an  engage- 
ment thev  will  act  at  their  own 
risk  and  peril. 


Article  4 


Relief  tn 

all  hcIliRerentt 


The  ships  mentioned  in  Article 
1,  2,  and  3  shall  afford  relief  a-' 
assistance  to  the  wounded,  sick, 
and  shipwrecked  of  the  belliger- 
ents without  distinction  of  nation- 
ality. 

The  Governments  undertake  not   '-'-^r .nfineri. 
to  use  these  ships  for  any  military 
purpose. 

These  vessels  must  in  no  wi^^e   R^trictions. 
hamper    the    movements    of    the 
combatants. 

During   and    after   an   engage-   Rf'^ksatsnim-,! 
nicnt   they  will   act  at   /icir  own 
risk  and  peril. 


^^,:L^:. 


166 


CONVENTIONS  III  OF  1899  AND  X  OF  1907 


KtRllUl   ot 
belliRrrenti. 


Log  entries 


Distinguislunj 
colors  to  be  uied. 


Boats,  etc. 


I'Urs. 


1899 

The  belligerents  will  have  the 
right  to  control  ami  visit  them; 
they  can  refu.>e  to  help  them, 
order  them  off,  make  them  take 
a  certain  course,  ar.J  put  a  com- 
mi^.-ioner  on  board  ;  they  can  even 
detain  them,  if  important  circum- 
stances require  it. 

As  far  as  possible  the  belliger- 
ents shall  inscribe  in  the  sailing 
papers  of  the  hospital  ships  the 
orders  they  give  them. 

Article  5 

Th.e  military  hospital  ships  shall 
be  distinguished  by  being  painted 
white  outside  with  a  horizontal 
band  of  green  about  a  meter  and 
a  half  in  breadth. 

The  ships  mentioned  in  Articles 
2  and  3  shall  be  distinguished  by 
being  painted  white  outside  with 
a  horizontal  band  of  red  about  a 
meter  and  a  haif  in  breadth. 

Tin-  boats  of  the  ships  above 
mentioned,  as  also  small  craft 
which  may  be  used  for  hospital 
work,  shall  be  distinguished  by 
similar  painting. 

All  hospital  ships  shall  make 
themselves  known  by  hoisting,  to- 
gether with  their  national  flag, 
the  white  flag  with  a  red  cross 
pro'  ided  by  the  Geneva  Conven- 
tion. 


1907 

The  belligerents  shall  have  the 
right  to  control  and  search  them ; 
they  can  refuse  to  help  them, 
order  them  off,  make  them  take  a 
certain  course,  and  put  a  com- 
missioner on  board ;  they  can  even 
detain  them,  if  important  circum- 
stances require  it. 

As  far  as  possible,  the  belliger- 
ents shall  enter  in  th.e  log  of  the 
hospital  ships  the  orders  which 
they  give  them. 

Article  3 

Military  hospital  ships  shall  be 
distinguished  by  being  painted 
white  outside  with  a  horizontal 
band  of  green  about  a  meter  and 
a  half  in  breadth. 

The  ships  mentioned  in  Articles 
2  and  3  shall  be  distinguished  by 
bf^ing  painted  white  outside  with  a 
horizontal  band  of  red  about  a 
meter  and  a  half  m  breadth. 

The  boats  of  the  ships  above 
mentioned,  as  also  .small  craft 
which  may  be  used  for  hospital 
work,  shall  be  distinguished  by 
similar  painting. 

All  hospital  ships  shall  make 
themselves  known  by  hoisting, 
with  their  national  flag,  the  white 
flag  with  a  red  cross  provided  by 
the  Geneva  Convention,'  and  fur- 
ther, if  tliey  belong  to  a  neutral 
State,  by  flying  ot  the  mainmast 
the  national  flag  of  the  belligerent 


i.See  the  reservations  of  Persia  and  Turkey,  post,  p.  181. 


r*;:^!  ZJ.'  **2i*.  JBI^'   i.-.;i"?53C'sffi 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       167 


1899 


1907 

under    whose    control    they    are 
placed. 

Hospital   ships   which,    in    the  '^^"p*  ^"^mi. 
terms  of  Article  7,  are  detained  by 
the  enemy   must   haul  down  the 
national  flay  of  the  belligerent  to 
7vliom  they  belong. 

The  ships  and  boats  above  men- 
tioned li'hich  wish  to  ensure  by 
night  the  freedom  from  interfer- 
ence to  which  they  are  entitled, 
must,  subject  to  the  assent  of  the 
belligerent  they  are  accompany- 
ing, take  the  necessary  measures 
to  render  their  special  painting 
sufficiently  plain. 


l'r"ti-ction 
at   nighl 


Article  6' 

The    distintruishinq    sitins    re-   V"."'  . , . 
f erred  to  in  Article  5  can  only  be   "s"^ '""'"'i- 
used,  r.'hether  in  time  of  peace  or 
war,  for  protecting  or  indicating 
the  ships  therein  mentioned. 

Article  7 

In  the  case  of  a  fight  on  board  a   ^,:,^l:;'j!,, 
ivar-ship,  the  sick  wards  shall  be 
respected   and  spared  as  far   as 
possible. 

7  he  said  sick  zvards  and  the  ^"  '^^  .. 
materiel  belonging  to  them  remain 
subject  to  the  lans  of  war;  they 
can  not,  however,  be  used  for  any 
purpose  other  than  that  for  which 
they  xvere  originally  intended,  so 
long  as  thex  are  required  for  the 
sick  and  wounded. 


•Great  Britain  made  reservation  of  this  article. 


A. 


168 


CONVENTIONS  III  OF  1899  AND  X  Or  1907 


1899 


Milittrr 
neceftiiticf. 


1907 

The  commiiiider,  hoivcfcr.  into 
whose  poiver  they  have  fallen  »'ay 
apfly  them  to  other  purposes,  if 
the  military  situation  requires  it, 
after  seeing  that  the  sick  and 
wounded  on  board  are  properly 
proiided  for. 


Willidr»w»l 
of  protccttcin. 


Permissive 

use  of  armi,  etc. 


Article  8 

Hospital  ships  and  sick  ivards 
of  7'esscls  are  no  longer  entitled  to 
protection  if  they  are  employed 
for  the  purpose  of  injuring  the 
enemy. 

The  fact  of  the  staff  of  the  said 
ships  and  sick  wards  being  armed 
for  maintaining  order  and  for  de- 
fending the  sick  and  rvounded, 
and  the  presence  of  wireless  teleg- 
raphy apparatus  on  board,  is  not 
a  sufficient  reason  for  withdraw- 
ing protection. 


Care  nn 
netitrat  ships. 


Protertion 
accorded. 


Article  6 

Neutral  nierchantinen,  yachts, 
or  vessels,  having,  or  taking  on 
board,  sick,  wounded,  or  ship- 
wrecked of  the  belligerents,  can 
not  be  captured  for  so  doing,  hut 
they  are  liable  to  capture  for  any 
violation  of  neutrality  they  may 
have  committed. 


Article  9 

Belligerents  may  appeal  to  the 
charity  of  the  commanders  of 
neutral  merchant  ships,  yachts,  or 
boats  to  take  on  board  and  tend 
the  sick  and  wounded. 

Vessels  responding  to  this  ap- 
peal, and  also  vessels  which  have 
of  their  own  accord  rescued  sick, 
wounded,  or  shipwrecked  men, 
shall  enjoy  special  protection  and 
certain  immunities.  In  no  lase 
can  they  be  captured  for  hamng 
^uch  persons  on  board,  but,  apart 


MAkiriMi:  VVAKl  ARliANDTHtGKNl'.VACONVIiN  I  ION       169 


n 


1899 


1907 

frum  sf'vcitjl  undertakings  that 
Itavc  been  made  to  them,  they  re- 
main liable  to  capture  for  any 
violations  of  neutrality  they  may 
ha:e  comnntted. 


Article  7 

Tlie  religions,  medical,  or  lics- 
pital  staff  of  any  captured  ship  is 
itniolable,  and  its  members  can 
not  be  made  prisoners  of  \va  •.  On 
leaving  the  ship  they  take  with 
tlicni  the  objects  and  surgical  in- 
struments wiiich  are  their  own 
private  property. 

Tiiis  staff  shall  continue  to  dis- 
charge its  duties  v'lile  necessary, 
and  can  afterwa  ive  when  the 

comniander-in-ch  considers  it 
iwssible. 

The  belligerents  must  guaran- 
tee to  the  sta.T  that  has  fallen  into 
their  hands  the  enjoyment  of  their 
salaries  intact. 


\ 


AkTICLE    10 

'Ihe  religious,  medical,  and  hos-  ,',?"^'J[;;;.^ 
pital  staff  of  any  captured  ship  is  <■'<:. •hit 
inviolable,  and  its  mcmuers  can 
not  be  maile  prisoners  of  war.  ( )ii 
leaving  the  ship  they  take  aw;.y 
with  them  the  objects  and  surgical 
instruments  whicli  are  their  own 
private  property. 

This  staff  shall  continue  to  dis 
charge  its  duties  while  necessary 
and  can  afterwards  leave,  wlien 
the  commander-m-chief  consider^ 
it  possible. 

The  belligercii,  narantce   ''?>'  »'"' 

to  the  said  staff,  wik  has  fal- 

II  into  their  hands,  the  same  al- 
lo7vauces  and  pay  n'hich  are  gizm 
to  the  staff  of  corresponding  rank 
in  their  ozen  nat-y. 


IVrforniancr 
t'f  dutiri. 


Article  8 

Sailors  and  soldiers  who  are 
taken  on  beard  when  sick  or 
wounded,  to  whatever  nation  they 
belong,  shall  be  protected  and 
looked  after  by  the  captors. 


Article  11 

Sailors  and  soldi  :s  on  board, 
when  sick  nr  wouu'id,  as  z^'^il  as 
other  persons  ofHciany  attOihcd  to 
fleets  or  armies,  whatever  their 
nationality,  shall  be  respected  and 
tcniled  by  the  captors. 


'r-i  prisilicrs. 


170 


CONVENTIONS  III  Ol"  1H9V  AND  X  OF  1907 


1899 


Transfer  ol 

«u  k,  cti ., 
to  \^*f  ftlitpt. 


<  are  nf  iick, 
elc,  on  iirtitral 
war-shi()-i. 


niiposttion  of 
ca['turc<i  sick, 
etc.,  t)clli«erenls. 


Article  9 

The  shipwrecked,  woiiri'led,  or 
^ick  of  one  of  the  belligerents  who 
fall  into  the  hands  of  the  other,  are 
prisoners  of  war.  The  captor 
must  decide,  according  to  circum- 
stances, if  it  is  best  to  keep  them 
or  send  them  to  a  port  of  his  own 
country,  to  a  neutral  port,  or  even 
to  a  hostile  <ort.  In  the  last  case, 
prisoners  thus  repatriated  can  not 
serve  as  long  as  the  war  lasts. 


1907 
Ahticue  12' 

Any  war-ship  belonging  to  a 
belligerent  may  demami  that  sick, 
Tcountleil,  or  shipzcrecked  men  on 
b'hird  military  hospital  ships,  hos- 
pital ships  beloni^ing  to  relief  so- 
cieties or  to  pritiite  indifidiials, 
werehart  ships,  yachts,  or  boats, 
i^hatever  the  nationality  of  these 
vessels,  should  be  handed  over. 

.Article  13 

//  sick,  wounded,  or  ship- 
wrecked persons  are  taken  on 
board  a  neutral  warship,  every 
possible  precaution  must  be  taken 
that  they  do  not  again  take  part 
in  the  operations  of  the  war. 

Article  14 

The  shipwrecked,  wounded,  or 
sick  of  one  of  the  belligerents  who 
fall  into  'he  power  of  the  other 
belligerent  are  prisoners  of  war. 
The  captor  must  decide,  according 
to  circumstances,  whether  to  keep 
them,  send  them  to  a  port  of  his 
own  country,  to  a  neutral  port,  or 
even  to  an  enemy  port.  In  this  last 
case,  prisoners  thus  repatriated 
can  nut  scrv.?  .it^^aiii  while  the  war 
lasts. 


iq-^  iUp  .ij,pi^^..»:p_-,  p_{  Grpnt  Britnin  T?s.i**ct:n£r  this  article,  post.  p.  ISL 


MARITIME  WAKI  ARE  AND  THE  GENl.VACONVENTIDN       171 


1899 

Akticlk  10' 

[I'lic  hliipvvrcckcd,  wuundcd,  or 
sick,  who  arc  landed  at  a  neutral 
port  with  the  consent  of  the  local 
authorities,  must,  failing  a  con- 
trary arrangement  between  the 
neutral  State  and  the  belligerents, 
be  jfuarded  by  the  neutral  State,  so 
that  they  can  not  again  take  part 
in  the  military  operations. 

The  expenses  of  tending  them 
in  hospital  and  internment  shall  be 
l)orne  by  the  State  to  which  the 
shipwrecked,  wounded,  or  sick 
belong.] 


1907 
Article  15' 

TIte  sliipXi-reckcJ,  sick,  or  '  "•■  '» 
ivoitnJed,  who  arc  landed  at  a 
luiitral  port  until  the  consent  of 
the  local  atitiioriiics,  must,  unless 
an  arrani^enient  is  made  to  the 
contrary  between  the  neutral 
State  and  the  beUif^crent  States, 
be  ^uaided  by  the  neutral  State  so 
as  to  trerent  them  a^i^ain  takint^ 
part    n  the  operations  of  the  'uar. 

The  expenses  of  tending  them  i«    i  Mrn^r^ 
hospital  and  interninrj  them  shall 
be  borne  by  the  State  to  nhtch  the 
shipzirceked.    sick,    or    wounded 
persons  bclomj. 


11 


Article  16 

After  ci.'cry  enj^jgement,  the 
t~vo  belligerents,  so  far  as  military 
interests  permit,  shall  take  steps 
to  look  for  the  shipwrecked,  sick, 
and  wounded,  and  to  protect  them. 
as  well  as  the  dead,  ai^ainst  pilhuje 
and  ill-treatment. 

They  shall  see  that  the  burial, 
whether  by  land  or  sea,  or  crema- 
tion of  the  dead  shall  be  preceded 
by  a  careful  examination  of  the 
corpse. 


.irfainst 
I  il'a<e,  tic 


n  iri.iU. 


Article  17 
Each  bclliiierent  shall  send,  as   I'lfntincation 

•  t  dfad,  etc. 

>    rly  as  possible,  to  the  authorities 


'This  article  was  excluded.    See  f'KSt.  p.  179.  under  Reservation^. 
'In  the  original  French  this  article  is  identical  witli  the  exehided  .Article   10 
of  the  1899  Convention. 


% 


172 


CONVKNTIONS  III  OF  1899  AND  X  OF  1907 


1899 


Record  of 
cajiturcs,  etc. 


Olijects  of 

1  erMiual  use,  etc. 


1907 
of  their  country,  navy,  or  army 
the  military  marks  or  documents 
of  identity  found  on  the  dead  and 
the  description  of  the  sick  and 
wounded  picked  up  by  him. 

The  belligerents  shall  keep  each 
other  informed  as  to  internments 
and  transfers  as  well  as  to  the  ad- 
missions into  hospital  and  deaths 
zi'hich  haze  occurred  among  the 
sick  and  zvounded  in  their  hands. 
They  shall  collect  all  the  objects 
of  personal  use,  valuables,  letters, 
etc.,  Tt'/ij'c/i  are  found  in  the  cap- 
tured ships,  or  2ihich  have  been 
left  by  the  sick  or  zvounded  who 
died  in  hospital,  in  order  to  have 
them  forwarded  to  the  persons 
concerned  by  the  authorities  of 
their  o'vn  country. 


Article  11 

Powers  bound.  'Yhc  fulcs  Contained  in  the  above 
articles  are  binding  only  on  the 
contracting  Powers,  in  case  of 
war  between  two  or  more  of  them. 
The  said  rules  shall  cease  to  be 
binding  from  the  time  when,  in  a 
war  between  the  contracting 
Powers,  one  of  the  belligerents  is 
joined  by  a  non-contracting 
Power. 


ARTICt-E    18 

The  provisions  of  the  present 
Convention  do  not  apply  except 
between  contracting  Powers,  and 
then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 


Unties  of  fleet 
commanders. 


Article  19 

The  commanders-in-chief  of  the 
belligerent  fleets  must  see  that  the 
above  articles  are  properly  carried 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       173 


1899 


1907 

out;  they  will  have  also  to  see  to 
cases  not  covered  thereby,  in  ac- 
cordance zinth  the  i)istructions  of 
their  respective  Governments  and 
in  conformity  with  the  general 
principles  of  the  present  Conven- 
tion. 


I 


Article  20 

The  signatory  Powers  shall  take  ]TTrt'ttll 
the  necessary  measures  for  bring- 
ing the  provisions  of  the  present 
Convention  to  the  knowledge  of 
their  naval  forces,  and  especially 
of  the  members  entitled  there- 
under to  immunity,  and  for  ma- 
king tlwni  kno'wn  to  the  public. 

Article  2P 

The  signatory  Powers  likeii'ise  l^itH^^Z., 
undertake  to  enact  or  to  propose 
to  their  legislatures,  if  their  crim- 
inal laws  are  inadequate,  the 
measures  necessary  for  checking 
in  time  of  war  individual  acts  of 
pillage  and  ill-treatment  in  respect 
to  the  sick  and  wounded  in  the 
fleet,  as  well  as  for  punishing,  as 
an  unjustifiable  adoption  of  na'-al 
or  military  marks,  the  unauthor- 
ised use  of  the  distinctive  marks 
mentioned  in  Article  5  by  vessels 
not  protected  by  the  present  Con- 
vention. 

They  will  communicate  to  each 
other,  through  the  Xetherland 
Government,   the  enactments  for 


Commtinication 
of  laws  enacted. 


•China  and  dreat  Britain  made  reservation  of  this  article. 


m 


174 


CONVENTIONS  III  OF  1899  AND  X  OF  1907 


1899 


Aliiilicatirm  only 

tu  f.irccs 

on  board  sliip. 


1907 

presenting  such  acts  at  the  latest 
zvithin  five  years  of  the  ratifica- 
tion of  the  present  Convention. 

Article  22 

In  the  case  of  operations  of  zvar 
betzicen  the  land  and  sea  forces  of 
belligerents,  the  provisions  of  the 
present  Convention  do  not  apply 
except  between  the  forces  actually 
on  board  ship. 


Ratification. 


HciHisit  at 
riie  Hague. 


Article  12 

The  present  Convention  shall  be 
ratified  as  soon  as  possible. 

The  ratifications  shall  be  depos- 
ited at  The  Hague. 


Co.nmunication 
;o  other  I'owers. 


(  )ii  the  receipt  of  each  ratifica- 
tion a  proccs-vcrbal  shall  be  drawn 
up,  a  copy  of  which,  duly  certi- 
fied, shall  be  sent  through  the  dip- 
lomatic channel  to  all  the  contract- 
ins?  Powers. 


Articlil    '3 

The  present  Convention  shall  be 
ratified  as  soon  as  possible. 

The  ratifications  shall  be  depos- 
ited at  The  Hague. 

The  first  deposit  of  ratifications 
shall  he  recorded  in  a  procds- 
vcrbJ  signed  by  the  representa- 
tives of  the  Pozi'crs  taking  part 
therein  and  by  the  Netherland 
Minister  for  Foreign  Affairs. 

Subsequent  deposits  of  ratifi- 
cations shall  be  made  by  means  of 
a  uritten  notification  addressed  to 
the  Netherland  Government  and 
accompanied  by  the  instrument  of 
ratification. 

A  certified  copy  of  the  procts- 
vcrbal  relative  to  the  first  deposit 
of  ratifications,  of  the  notifica- 
tions mentioned  in  the  preceding 
paragraph,  as  ivell  as  of  the  in- 
struments of  ratification,  shall  be 
at  once  sent  by  the  Netherland 
Government    through    the    diplo- 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       175 


1899 


1907 

matic  channel  to  the  Poivers  in- 
vited to  the  Second  Peace  Con- 
ference, as  tccll  as  to  the  other 
I'owers  ivhich  have  adhered  to 
the  Convention.  In  the  cases 
contemplated  in  the  preceding 
paragraph  the  said  Government 
shall  inform  them  at  the  same 
time  of  the  date  on  which  it  re- 
ceived the  notification. 


Article  13 

The  non-signatory  Powers  wlio 
accepted  the  Geneva  Convention 
of  th*-  22d  August,  1864,  are  al- 
lowed o  adhere  to  the  present 
Convention. 

For  thi'-  iirpose  they  must 
make  their  ..  .csion  known  to  the 
contracting  Powers  by  means  of  a 
written  notification  addressed  to 
the  Netherland  Government,  and 
by  it  commimicated  to  all  the 
other  contracting  Powers. 


Article  24 

Xon-signatory     Powers     which    i;^!;^Z^y 
have  accepted   the   Geneva   Con-   i'""'^"- 
vention  of  the  6th  July,  IQOO,  may 
adhere  to  the  present  Convention. 

The  Poiicr  zMch  desires  to  ad-  ^("'^^^'f,;;^,;; 
here  notifies  its  intention  to  the 
Xcthcrland  Government  in  wri- 
ting, fonvardiiig  to  it  the  act  of 
adhesion,  ivhich  shall  he  depos- 
ited in  the  archives  of  the  said 
Government. 

The  said  Government  shall  at 
once  transmit  to  all  the  other 
Poi^'crs  a  duly  certified  copy  of 
the  notification  as  veil  as  of  the 
iirt  of  adhesion,  mentwnimj  the 
(late  on  -u-hich  it  received  the 
notification. 


Cotnnuinication 
to  otiitr  Tuwcrs. 


Article  25 

The   present    Convention,    duly   1:::^,"^:^,,,^, 
ratified,  sliatl   rrp:ti  e  as   l>et:ceen 
contracting  Po'a'crs.   the   C  ow.en- 
tion  of  the  ^Qth  ]u'y.    iSoq,  for 


176 


CONVENTIONS  111  OF  1899  AND  X  OF  1907 


1899 


("nntintiance 

I'f  fnrnwr 
Ct-nveiition. 


1907 
the  adaptation  to  maritime  war- 
fare   of    the    principles    of    the 
Gencz'a  Convention. 

The  Convention  of  iSgg  re- 
mains in  force  as  betzccen  the 
Po'wers  which  signed  it  but  u'hich 
do  not  also  ratify  the  present 
Convention. 


KfTrct  ot 
r.'ttification. 


Article  26 

The  present  Convention  shall 
come  into  force,  in  the  case  of  the 
Po-i'crs  -which  zvere  a  party  to  the 
ftrr  '-posit  of  ratifications,  si.vty 
days  nftcr  the  date  of  the  proces- 
verlai  of  this  deposit,  and,  in  the 
case  of  the  Poicers  ivhich  ratify 
subsequently  or  ivhich  adhere, 
sixtv  days  after  the  notification  of 
their  ratification  or  of  their  ad- 
hesion has  been  received  by  the 
Ncthcrland  Government. 


[Icminciation. 


Notifying  Pnwei 
only  affected. 


Akiicle  14 

In  the  event  of  one  of  the  high 
contracting  Parties  denouncing 
the  present  Convention,  such  de- 
nunciation shall  not  take  effect 
until  year  after  the  notification 
made  in  writing  to  the  Xether- 
laiid  Government,  and  forthwith 
communicated  by  it  to  all  the 
other  contracting  Powers. 


This    denunciation    shall    only 
affect  the  notifying  Power. 


Article  27 

In  the  event  of  one  of  the  con- 
tracting Powers  xi'ishing  to  de- 
nounce the  present  Convention, 
the  denunciation  shall  be  notified 
in  writing  to  the  Xetherland  Gov- 
ernment, zi'hich  shall  at  once 
communicate  n  duly  certified 
copx  of  the  no'"fication  to  all  the 
other  Powers,  informing  them  at 
the  same  time  of  the  date  on 
zi'hich  it  'iCas  receivea 

The  denunciation  shall  only 
have  eflfect  in  regard  to  the  noti- 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       177 


1898 


In  testimony  whereof  the  re- 
spective plenipotentiaries  have 
signed  the  present  Convention 
and  affixed  their  seals  thereto. 

Done  at  The  Hague  the  29th 
July,  1899,  in  single  copy,  which 
shall  be  kept  in  the  archives  of 
the  Government  vi  the  Nether- 
lands, and  copies  of  which  duly 
certified,  shall  be  sent  through  the 
diplomatic  channel  to  the  con- 
tracting Powers. 


[Here  follow  signatures.] 


RcRistcr  of 
ratifications. 


1907 

fying  Power,  and  one  year  after 
the  notification  has  reached  the 
Netherland  Government. 

Article  28 

A  register  kept  by  the  Sether- 
land  Ministry  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit 
of  ratifications  made  in  virtue  of 
Article  -'J,  paragraphs  j  and  4,  as 
zvell  as  the  date  on  -vhich  the  no- 
tifications of  adhesion  {Article 
24,  paragraph  .')  or  of  denuncia- 
tion {Article  -'7,  paragraph  1) 
have  been  received. 

Each  contracting  Power  is  en- 
titled to  Juive  access  to  this  regis- 
ter and  to  be  supplied  ziith  duly 
certified  extracts  from  it. 


In   faith  whereof  the  plenipo-  Signing, 
tentiaries    have    appended    their 
signatures  to  the  present  Conven- 
tion. 

Done  at  The  Hague,  the  i8th  ^t&.i 
October,  190J,  in  a  single  copy, 
which  shall  remain  deposited  in 
the  archives  of  the  Xetheriand 
Government,  and  duly  certified 
copies  of  which  shall  be  sent, 
through  the  diplomatic  channel, 
to  the  Pozvcrs  zi'liich  have  been 
invited  to  the  Second  Peace  Con- 
ference. 

[Here  follow  signatures.] 


r  ) , 


178  CONVENTIONS  III  OF  1899  AND  X  OF  1907 

RATIFICATIONS.  ADHESIONS  AND  RESERVATIONS 

The  1899  Convention  was  ratified  by  all  the  signatory  Powers  on  the 
dates  indicated: 

Austria-Hungary September  4,  1900 

Belgium September  4,  1900 

Bulgaria September  4,  1900 

Cliina November  21,  1904 

Denmark September  4,  1900 

France September  4,  1900 

Germany September  4.  1900 

Great  Britain September  4,  1900 

Greece April  4,  1901 

Italy September  4,  1900 

Japan October  6,  1900 

Luxemburg July  12,  1901 

Mexico April  17,  1901 

Montenegro October  16,  1900 

Netherlands September  4,  1900 

Norway   (See  Sweden  and  Norway.) 

Persia September  4,  1900 

Portugal September  4,  1900 

Roumania September  4,  1900 

Russia September  4,  1900 

Serbia   May  11.  1901 

Siam September  4.  1900 

i^pain September  4,  1900 

Sweden  and  Norway September  4,  1900 

Switzerland December  29,  1900 

Turkc-v June  12,  1907 

United  States September  4,  1900 

Adhesions: 

Argentine  Republic June  17,  1907 

Bolivia  February  7,  1907 

Brazil February  25,  1907 

Chile June  19.  1907 

Colombia January  30,  1907 


^^^^^jr 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       179 


Cuba June  29,  1907 

Dominican  Republic June  29,  1907 

Ecuador August  5,  1907 

Guatemala April  6,  1903 

Haiti June  29,  1907 

Honduras August  21,  1906 

Korea February  7,  1903 

Nicaragua May  17,  1907 

Panama July  22,  1907 

Paraguay June  29,  1907 

Peru November  24,  1903 

Salvador June  20,  1902 

Uruguay June  21,  1906 

Venezuela March  1,  1907 


.^1 


Reservations: 

Germany.  Great  Britain,  Turkey  and  United  States  signed  with 
reservation  of  Article  10.  It  was  subsequently  agreed,  on  an 
understanding  reached  by  the  Government  of  the  Netherlands 
with  the  signatory  Powers,  to  exclude  Article  10  from  all 
ratifications  of  the  Convention. • 


The    1907    Convention    was    ratified   by    the    following  signatory 
Powers  on  the  dates  indicated  : 

Austria-Hungary November  27.  19l>) 

Belgium ■\ugust  8,  1'  '10 

Bolivia November  27.  1*'0') 

r.razil January  r.  1''14 

China November  27.  VW^ 

Cuba Feb-uary  22.  1012 

Denmark Novchiher  27,  T'OO 

France CXnober  7,  I'MO 

Germany November  27.  T'C* 

Guatemala ^'  arch  15,  191 1 


'U.  S.  Statutes  at  Large,  vol.  32,  p.  18o, . 


6^ 


180  CONVENTIONS  III  OF  1899  AND  X  OF  1907 

Haiti February  2,  1910 

Japan December  13,  191 1 

Luxemburg September  5,  1912 

T^jexico November  27,  1909 

Netherlands November  27,  1909 

Norway         September  19,  1910 

Panama September  11,  1911 

Portugal AP"1  1-5,  1911 

Roumania March  1,  1912 

j^us^iia November  27,  1909 

Salvador November  27,  1909 

Siam March  12.  1910 

Spain March  18.  1913 

Sweden July  1^,  1911 

Switzerland May  12,  1910 

United  States November  27.  1909 

Adhesion: 

Nicaragua December  16,  1909 

The   following   Powers   signed  the   Convention   but  have  not  yet 
ratified : 

Argentine  Republic  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Dominican  Republic  Serbia 

Ecuador  Turkey 

Great  Britain  Uruguay 

Greece  Venezuela 
Italy 


Reserz'ations:^ 
China 

Under  reservation  of  Article  21.* 


'All  tliese  reservations  were  made  at  signature. 
'Reservation  maintained  at  ratification. 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION     181 

Great  Britain 

Liuler  reservation  of  Articles  6  and  21  and  of  the  following: 
declaration : 

In  affixitiK  their  signatures  to  tlie  above  Convention,  thf 
British  plenipotentiaries  declare  that  His  Majest>'s  Government 
understand  Article  12  to  apply  only  to  the  cas--  of  combatants 
rescued  during  or  after  a  naval  engagement  in  which  they  have 
taken  part. 

Persia 

Under  reservation  of  the  right,  admitted  by  the  Conference, 
to  use  the  Lion  and  Red  Sun  instead  of  and  in  the  place  of 
the  Red  Cross. 

Turkey 

Under  reservation  of  the  right  admitted  by  the  Peace  Con- 
ference to  use  the  Red  Crescent. 


rurp'ife  or 
Cnn'.  ention. 


ricni|oientiaiic5 


CONVENTION    (Xli    RELATIVE  TO  CERTAIN    RESTRICTIONS   WITH 

REGARD  TO  THE  EXERCISE  OF  THE  RIGHT  OF  CAPTURE 

IN  NAVAL  WAR 

Signed  at    ilie  Hague,  (Jctoher  KS,   1907 

Hi.-,  Majtsty  llic  (.icrmau  EmiKTor,  King  of  I'russia;  [etc. J  : 
Rccogni/ing  the  necessity  of  more  effectively  ensuring  than  hitherto 
the  equitalile  application  of  law  to  the  international  relations  of  i"ari- 
tinie  I'uwers  in  time  of  war; 

CoiiMderiiig  that,  for  this  purpose,  it  is  expedient,  in  giving  up  or, 
if  uecosary,  in  harnioni/.ing  for  the  common  interest  certain  conflict- 
ing practices  of  long  standing,  to  commence  codifying  in  regulations 
of"" general  application  the  guarantees  due  to  peaceful  commerce  and 
kgitiniate  bu>inesN  as  well  as  the  conduct  uf  hostilities  by  sea ;  that  it 
is  expedient  to  lay  down  in  written  mutual  engagements  the  principles 
which  have  hitherto  remained  in  the  uncertain  domain  of  controversy 
or  have  been  left  to  the  discretion  of  Governmei      ; 

'i'hat,  from  henceforth,  a  certain  number  of  rules  may  be  made, 
without  affecting  the  common  law  now  in  force  with  regard  to  the 
matters  which  that  law  has  left  un>cttled ; 

iia\e  appointed  the  following  as  tiieir  plenipotentiaries; 
[Here  follow  the  .lames  of  pleiiipoleiuiaries.] 

Who,  alter  having  dei.osite.l  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  folli.wing  provisions; 


Toktal 

C(.rTf-l'"n>ltn.-e. 


Invii'laMf  un 
1  It'll   seas. 

ForwnrilitiL'  from 
capturttl  siiii's. 


CiiAinER  I.— Postal  Correspondence 

Article  1 

The  i)nstal  correspondence  of  neutrals  or  belligerents,  whatever  its 
official  or  pri'-ate  character  may  be,  found  on  the  high  seas  on  board 
a  neutral  or  enemy  ship,  i<  inviolable.  If  the  ship  is  detained,  the 
correspondence  is  forwarded  by  the  captor  with  the  least  possible 
delay. 


RESTRICTIONS  ON  CAPTURE  IN  NAVAL  WAR 


183 


^1 
•I  I 


Neutral 

in.lll^lui». 


The  provisions  of  the  prcccaiiiR  iKiragraph  do  not  api>iy,  in  case   niock.df.i  p«Tt. 
of  violation  of  blockade,  to  correspcjiKkiice  dcstineil  for  or  proceeding 
from  a  blockaded   (lort. 

Article  2 

The  inviolaiiility  of  postal  correspondence  docs  not  exempt  a  neutral 
mail  ship  from  the  laws  and  customs  of  maritime  war  as  to  neutral 
merchant  ship>  in  K'^'K-Tal.  The  ship,  how  ever,  may  m.t  be  searched 
except  when  absolutely  necessary,  and  then  only  with  as  much  con- 
sideration and  expedition  as  possible. 

CiiAi'TEk  U.—  Tlic  Exonptum  from  Capture  of  Certain  ressels       y,';:,;'|.;;:,'';;';.'" 

Akticle  3 

X'essels  used  exclusively  for  fishing  along  the  coast  or  small  boats    |;;,';;'i:;,«;,V,7" 
employed   in   local   trade  are  exempt   from  capture,  as   well   as  their    !."iira.ic. 
appliances,  rigging,  tackle,  and  cargo. 

They  cea-e  to  be  exempt  as  soon  as  tiicy  take  any  part  whatever  in 

hostilities. 

The  contracting  Powers  agree  not  to  take  advantage  of  the  harm-   f\',;',;;;;:,;;,""" 
less  character  of  the  said  vessels  in  order  to  use  them  for  military 
purposes  while  preserving  their  peaceful  appearance. 

Article  4 

Vessels  charged  with  religious,  scientific,  or  philanthropic  missions   ^^^^l^il^;^- 
are  likewise  exempt  from  capture.  ''"'•  '"'■"■'  *" 

Cii.M'TKk  Ul.— Regulations  Regarding  the  Crezi-s  of  Enemy  Merchant  ^■^:;'X;;;', .^i,,. 
Slug's  Captured  by  a  Belligerent 

Article  ? 

When  an  enemy  merchant  .hip  is  captured  by  a  belligerent,  such  of   |;tTai,';"" "* 
its  crew  as  are  nationals  of  a  neutral  State  are  not  made  prisoners  '„«'j;;;,' " 

of  war. 

The  same  rule  applies  in  the  case  *)f  the  captain  and  officers  likewise 
nationals  of  a  neutral  State,  if  they  promise  formally  in  writing  not  to 
ser\e  on  an  enemy  ship  while  the  war  lasts. 


184 


NotlHiMtmn 
l>y  I  j|<ti>rk. 


Ship*  not 
included. 


power*  bound. 


R.itttication. 

iVpo'^it  at 
The  Hakh^- 


CONVI.NTION  XI  OF  1907 
Article  6 


The  laptaiti.  ofticcrs.  and  nunilHTs  cf  the  crew,  when  nationals  of 
offH.r.in.i  tiic  cm-niy  Stair,  arc  not  niatlo  prisoners  of  war,  on  condition  that  they 

make  a  forma!  promise  in  writing,  not  to  undertake,  while  hostilities 
last,  any  service  connected  with  the  operations  of  the  war. 

Article  7 


Certified  cnfties 
♦  '»  contract! r.K 
IVjw-jr^ 


The  names  of  the  per>i..  .  retaining  their  liberty  under  the  conditions 
laid  down  in  Article  5,  paragraph  2,  and  in  Article  6,  are  notified  by 
the  I'elligerent  captor  to  the  other  belligerent.  The  latter  i>  fnihidden 
knowingly  to  employ  the  said  persons. 

Article  8 

The  provisions  of  the  three  preceding  articles  do  not  apply  to  ships 
taking  part  in  the  hostilities. 

Chaptfr  IV. — Final  Provisions 

Article  9 

The  provisions  of  the  present  Convention  do  not  apply  except  be- 
tween contracting  !'j\  .  ,  and  \\'.<-\:  only  if  all  the  belligerents  are 
parties  to  the  Convention. 

Article  10 

The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  procts-verbal 
signed  by  the  representatives  cf  the  Powers  taking  part  therein  and 
by  the  Xetherland  Minister  for  Foreign  Affairs. 

Subsequent  deposits  of  ratifications  shall  be  made  by  means  of  a 
written  notification,  addressed  to  the  Netherland  Government  and 
accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  procl's-z'Crbal  relative  to  the  first  deposit 
of  ratifications,  of  tlie  notificalions  mentioned  in  the  i)rcceding  para- 
graph, as  well  as  of  tiie  instruments  of  ratification,  shall  be  at  once  sent 
I'V  the  Netherland  Government,  through  the  diplomatic  channel,  to  the 


RESTRICTIONS  ON  CAPTURF-:  IN  NAVAL  WAR 


183 


Powers  itwitcd  to  the  Second  Peace  Conference,  as  well  as  to  the  other 
Powers  which  have  nillured  to  the  Convention.  In  the  case>  contem- 
platcil  in  the  preceding  paraj^raph,  the  said  Government  shall  inform 
theiM  at  the  same  lime  of  the  date  on  which  it  received  thi-  not'fication. 


AnxiCLE  11 

Non-..ipnai(iry  Powers  may  adheii  to  the  present  Convention.  .im'-lBnaf  rV 

The  i'dwcr  whicii  desires  to  adhere  iiotif.es  its  intention  in  writing   '"*'■" 
to  tile  N'etherland  ('government.  fi>r\vardiiiL'  to  it  the  act  of  adhesion,    V'i;»'i  n 

*^  III   intenl, 

which    ha!!  he  depo-ited  in  the  archi-cs  of  the  said  Government. 

This  (iovernmeiit  shall  at  once  transmit  to  all  the  other  Powers  a 
duly  certified  copy  of  the  notification  as  well  os  of  the  act  of  adhesion, 
mentioning  the  date  on  which  it  received  the  notification. 


ITUIUlIit.   .Itl    Ml 

Other  Piiwrrl, 


Article  12 

The  present  Convention  shall  come  into  force  in  the  case  of  the  J^,'[,7,^',';[^„ 
Powers  which  were  a  party  to  tlie  first  deiwsit  of  ratifications,  sixty 
days  after  the  proccs-verbal  of  that  deposit,  and,  in  the  case  of  the 
Powers  which  ratify  .  jbsequently  or  which  adhere,  sixty  days  after 
the  notification  of  their  ratification  has  been  received  by  the  Nether- 
land  Government. 

Article  13 

In  the  event  of  or.e  of  the  contracting  Powers  wi^l!ing  to  denounce   Kenunciation. 
the  present  Convention,  the  denunciation  shall  be  notified  in  writing  to 
the  Netherland  Government,  which  shall  at  once  communicate  a  duly 
certified  copy  of  the  notification  to  all  the  other  Powers  informing  then 
of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  ha\e  olTect  in  regard  to  the  notifying  ^^,^8*,^",^,.^*" 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland 
Government. 

Article  14 


A  register  kept  by  the  Netherland  Ministry  for  Foreign  Aflfairs 
shall  give  the  date  of  the  de|)Osil  of  ratifications  made  in  virtue  of 
Article  10,  paragrapli>  ?>  and  4,  as  well  as  the  date  on  which  the  notifi- 
cations of  adhesion  ( .Xrticle  11.  paragraph  2)  or  of  denunciation 
(Article  13,  ,.,iragrap'       )   have  been  received. 


R.  iri^trr  nf 
ralificatioi-,5. 


Sign;n«. 


■  t  ..riKiii.-ll. 


186 


CONVENTION  XI  01-  1907 


Each  contracting  Power  is  entitled  to  liave  access  to  this  register 
and  to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18lh  October,  1907,  in  a  single  copy,  which 
shall  remain  deposited  in  the  archives  of  the  Xetherland  Government, 
and  duly  certilied  copies  of  .vhich  shall  be  s.  U,  through  the  diplomatic 
channel,  to  the  Powers  inviied  to  the  Second  Peace  Lonierence. 

[Here  follow  signatures.] 


RATIFICATIONS.  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  nitificd  by  the  following 
Powers  on  the  dates  indicated: 

Austria-Hungary November  27. 

Belgium .-VigustS. 

Bra.il ^""=^'7  "' 

Denm.ark November  27, 

France October  7, 

Germany November  27. 

Great  Britain   November  27. 

Guatemala ^^^''^'   ^'' 

Haiti February  2. 

,      .  December  1.5, 

Talxmiburg'^^'V September  5. 

Mexico..: November  27, 

Netherlands November  27. 

Norway September    9. 

Panama September  11, 

Portugal iJ"^\  V 

r,  ■  March  1. 

Roumama 

c  1      ,„,.  November  27, 

Salvador 

r..  March  12, 

Siam .     .„ 

e     •  ....March  18, 

Spain 

Sweden November  27, 

Switzerland...   ^ay  12, 

United  States November  27, 


signatory 

1909 

1910 

1914 

1909 

1910 

1909 

1909 

1911 

1910 

1911 

1912 

19(^ 

1909 

1910 

1911 

1911 

1912 

190O 

1910 

191,^ 

1909 

1910 

1909 


RESTRICTIONS  ON  CAPTURE  IN  NAVAL  WAR 


187 


■  vi 


Adhesions: 

Liberia February  4,  1914 

Nicaragua DecemLcr  16,  1909 

The    following    Powers   signed  the   Convention   but   have   not   yet 
ratified : 

Argentine  Republic  Italy 

Bolivia  Paraguay 

Bulgaria  Persia 

Chile  Ptru 

Colombia  Serbia 

Cuba  Turkey 

Dominican  Republic  I'ruguay 

Ecuador  Venezuela 
Greece 


Rcsrnuit-ons:  none. 


Purpose  of 
Convention. 


Plenipo- 
tentiaries. 


General 
proviBions. 


netermmation 
(if  validity 
of  cai>tiire. 


CONVENTION  (XII)  RELATIVE  TO  THE  CREATION  OF  AN  INTER- 
NATIONAL PRIZE  COURT 

Signed  at  The  Hague,  October  18,  1907 

His  Majesty,  the  German  Emperor,  King  of  Prussia;  [etc.|  : 

Animated  by  the  desire  to  settle  in  an  equitable  manner  the  differ- 
ences which  sometimes  arise  in  the  course  of  a  naval  war  in  connec- 
tion with  the  decisions  of  national  prize  courts; 

Considering  that,  if  these  courts  are  to  continue  to  exercise  their 
functions  in  the  manner  determined  by  national  legislation,  it  is  de- 
sirable that  in  certain  cases  an  appeal  should  be  provided  under  con- 
ditions conciliating,  as  far  as  possible,  the  public  and  private  inter- 
ests involved  in  matters  of  prize ; 

Whereas,  moreover,  the  institution  of  an  International  Court,  whose 
jurisdiction  and  procedure  would  be  carefully  defined,  has  seemed  to  be 
the  best  method  of  attaining  this  object; 

Convinced,  finally,  that  in  this  manner  the  hardships  consequent  on 
naval  war  would  be  mitigated ;  that,  in  particular,  good  relations  will 
be  more  easily  maintained  between  belligerents  and  neutrals  and  peace 

better  assured ; 

Desirous  of  concluding  a  Convention  to  this  effect,  have  appomted 
the  following  as  their  plenipotentiaries: 

[Here  follow  the  names  of  plenipotentiaries.] 

Who.  after  depositing  their  full  powers,  found  in  good  and  due 
form,  have  agreed  upon  the  following  provisions : 

Part  I.— Gener.\l  Provisions 

Article  1 

The  validity  of  the  capture  of  a  merchant  sliip  or  its  cargo  is  decided 
before  a  prize  court  in  accordance  with  the  present  Convention  when 
neutral  or  ( ncmy  property  is  involved. 


THE  INTERNATIONAL  PRIZE  COURT 


Article  2 


189 


Jurisdiction  in  matters  of  prize  is  exercised  in  the  first  instance  by 
the  prize  courts  o-  the  belligerent  captor. 

The  judgments  of  these  courts  are  pronounced  in  public  or  are  ofii- 
cially  notified  to  parties  concerned  whc  are  neutrals  or  enemies. 


.Tnrisdittirm  in 
iirst  instance. 


I 
m 


national  cmirts 
may  be  brought 
before  Inter- 
national Court. 


Article  3 
The  judgments  of  national  prize  courts  may  be  brought  before  the  Jl^'Jlf,^  ^,,f  *'■ 

nntional  roii 

International  Prize  Court  — 

1.  When  the  judgment  of  the  national  prize  courts  affects  the  prop- 
erty of  3  neutral  Power  or  individual; 

2.  When  the  judgment  affects  enemy  property  and  relates  to — 

(a)  Cargo  on  board  a  neutral  ship; 

(b)  An  enemy  ship  captured  in  the  territorial  waters  of  a  neutral 
Power,  when  that  Power  has  not  made  the  capture  the  subject  of  a 
diplomatic  claim ; 

(c)  A  claim  based  upon  the  allegation  that  the  seizure  has  been 
effected  '.n  violation,  either  of  the  pr-  'sions  of  a  Convention  in  force 
between  the  belligerent  Powers,  or  Oi  an  enactment  issued  by  the 
belligerent  captor. 

The  appeal  agan      the  judgment  of  the  national  court  can  be  based  ^■■;^;i|,"f 
on  the  ground  that  the  judgment  was  wrong  either  in  fact  or  in  law. 


Article  4 

An  appeal  may  be  brought — 

1.  By  a  neutral  Power,  if  the  judgment  of  the  national  I'ibunals  in- 
juriously affects  its  property  or  the  property  of  its  nationals  (Article  .^, 
No.  1),  or  if  the  capture  of  an  enemy  vessel  is  alleged  to  have  taken 
place  in  the  territorial  waters  of  that  Power  (Article  3,  No.  2b). 

2.  By  a  neutral  individual,  if  the  judgment  of  the  national  court 
injuriously  affects  his  property  (Article  3,  No.  1),  subject,  however,  to 
the  reservation  that  the  Power  to  which  he  belongs  may  forbid  him  to 
bring  the  case  before  the  Court,  or  may  itself  undertake  the  proceedings 

in  his  place; 

3.  By  an  individual  subject  or  citizen  of  an  enemy  Power,  if  the 
judgment  of  the  national  court  injuriously  affects  his  property  in  the 
cases  referred  to  in  Article  3,  No.  2,  except  that  mentioned  in  para- 
glaph  b. 


When  appe.ll 
may  br  hroii^lit : 
1 .  ]!>■  a  neu- 
tral Power. 


2.  Hy  i\  neutral 
indiviilnal. 


.V  lU*  citizen 
of  enemy 
Pnwcr. 


-il 


wo''^  m^immw.  i*tiW9^!smf''^.^rsmsm:^ 


■•*i&i-.-«*j<t. 


.pf-^f^r^',     Wj^.r^4 


190 


C0N\'NT10N  XII  OF  1907 


Sneer*;  sors 
in  interest. 


Ljmilatinn 
upon  jnrisdic- 
tion  nf  na- 
tional courts. 


Failure  of 
n.itional  court? 
to  i^ivc  final 
ju(lKn,ent. 


l.aA  applicable. 
Tr.-atics. 


Rnlr'^   ..f 

international 

law, 

I'rl-ici:  les 
of  iu>ti(t- 
an>i  t'v|uity. 


i'nrift-iM  rt- 
of  b.liiBoront 


Anticlu  5 

An  appeal  may  also  be  brought  on  the  same  conditions  as  in  the 
preceding  article,  by  persons  belonging  either  to  neutral  States  or  to  the 
eneniv,  deriving  their  rights  from  and  entitled  to  represent  an  indi- 
vidual qualified  to  appeal,  and  who  have  taken  part  in  the  proceeding.^ 
before  the  national  court.  Persons  so  entitled  may  appeal  separately 
to  the  extent  of  their  interest. 

The  same  rule  applies  in  the  case  of  persons  belonging  either  to 
neutral  States  or  to  the  enemy  who  derive  their  rights  from  and  are 
entitled  to  represent  a  neutral  Power  whose  property  was  the  subject 

of  the  decision. 

Article  6 

When,  in  accordance  with  the  above  Article  3,  the  International 
Court  has  jurisdiction,  the  national  courts  can  not  deal  with  a  case 
in  more  than  two  instances.  The  municipal  law  of  the  belligerent  captor 
shall  decide  whether  the  case  may  be  brought  before  the  International 
Court  after  judgment  has  been  given  in  first  instance  or  only  after  an 

appeal. 

If  the  national  courts  fail  to  give  final  judgment  within  two  years 
from  the  date  of  capture,  the  case  may  be  carried  direct  to  the  Inter- 
national Court. 

Article  7 

If  a  question  of  law  to  be  decided  is  covered  l)y  a  treaty  in  force 
between  the  bdligcrent  captor  and  a  Power  which  is  itself  or  whose 
subject  or  citizen  is  a  party  to  the  proceedings,  the  Court  is  governed 
by  the  provisions  of  the  said  treaty. 

In  the  al)fcnce  of  such  provisions,  the  Court  =hnll  apply  the  rules 
of  interiKitinr.rd  law.  H  "o  generally  recognized  rule  exists,  the  Court 
>hall  give  ju(!t,Miicnt  in  accordance  with  the  general  principles  of 
justice  and  equity. 


Thr  -bove  pro\  isions 


apply  cfiually  to  questions  relating  to  the  order 

and  mode  of  prooi. 

If.  in  accordance  with  Article  3,  No.  2c.  the  ground  of  appeal  is 
the  violation  of  an  enactment  issued  by  the  belligerent  captor,  the  Court 
will  enforce  the  enactment. 

The  Court  mav  disregard  failure  to  comply  with  the  procedure  laid 
liown  in  the  enactments  of  the  belligerent  captor,  when  it  is  of  opinion 


THE  INTERNATIONAL  PRIZE  COURT 


191 


that   the   consequences   of   complying  therewith   are   unjust   and   in- 
equitable. 

Article  8' 

If  the  Court  pronounces  the  capture  of  the  vessel  or  cargo  to  be   i';,'^;^';^" "' 
valid,  they  shall  be  disposed  of  in  accordance  with  the  laws  of  the   ^^'j.^^^'^.'^vaUJ; 
belligerent  captor. 

If  it  pronounce    the  capture  to  be  null,  the  Court  shall  order  resti-  if;",,.^'""" 
tution  of  the  vessel  or  cargo,  and  shall  fix.  if  there  is  occasion,  the 
amount  of  the  damages.     If  the  vessel  or  cargo  have  been  sold 'or 
destroyed,  the  Court  shall  determine  the  compensation  to  be  given  to 
the  owner  on  this  account. 

If  the  national  court  pronounced  the  capture  to  be  null,  the  Court 
can  only  be  asked  to  decide  as  to  the  damages. 

Article  9 

The  contracting  Powers  undertake  to  submit  in  good  faith  to  the  l;^'^^J^\l" 
decision,  of  the  International  Prize  Court  and  to  carry  them  out  with  lec.su.ns. 
the  least  possible  delay. 


P.\KT    II.— CO.NSTITUTIUN    OF  THE   I  XTERX  ATION  AL   PrIZE   CoURT 

.\rticle  10 

The  International  Prize  Court  is  composed  of  judges  and  deputy 
judges,  who  will  be  appointed  by  the  contracting  Powers,  and  muU 
all  be  jurists  of  known  [jpoticiency  in  questi<)n>  of  international  niari- 
tinie  law,  and  of  the  highest  moral  reputation. 

The  appointment  of  these  judges  and  deputy  judges  ^hall  be  made 
within  six  months  after  the  ratification  of  the  present  Convention. 


r.tiisritMtion 
i.f   r.iurt. 


■  f  Trt'ntit-rs 
f   l''.urt. 


.Arvicle  U 
The  judges  and  deputy  judges  are  a; pointed  for  a  period  of  six   ^;;^j.^ 
years,    reckoned    from   the    .late   on    which    the   notifu-ation    of   their 
appointment  is  received  by  the  .Vdn.inistrativc  Council  established  by 
the  Conv'Milion  f'T  the  pacific  settlement  of  international  disputes  of 
the  29th  lulv,  1809.     Their  appointments  can  be  renewed. 


'See  .•\rticle  2  nf  the  Additional  Protocol,  pi'-^t  P-  206^ 


\'acancies. 


Rank 

of  judges. 


192 


CONVENTION  XII  OF  1907 


Shoiil.l  one  of  llie  judges  or  dcinity  judges  die  or  resign,  the  same 
procedure  i.  followed  for  tilling  the  vacancy  as  was  followed  for  ap- 
pointing him.     In  thi.-,  case,  the  appointment  is  made   for    a    fresh 

period  of  six  years. 

Article  12 

The  judges  of  the  International  Prize  Court  are  all  equal  in  rank 
and  have  precedence  according  to  the  date  on  which  the  notitkatior  of 
their  appointment  was  received  (Article  11.  paragraph  1),  and  if  they 
sit  by  rota  (Article  15,  paragraph  2),  according  to  the  date  on  which 
they  entered  upon  their  duties.  When  the  date  is  the  same  the  senior  in 
age  takes  precedence. 

The  deputy  judges  when  acting  are  assimilated  to  the  judges.  They 
rank,  however,  after  them. 


Privilrgcs 

and  immunities. 


Oath. 


Article  13 

The  judges  enjov  diplomatic  privileges  and  immunities  in  the  per- 
formance of  their 'duties  and  when  outside  their  own  country. 

Before  taking  their  seat,  the  judges  must  swear,  or  make  a  solemn 
promise  before  the  Administrative  Council,  to  discharge  their  duties 
impartially  and  conscientiously. 


Nnmhcr 
C'f  judgt^ 


Judges  who 
are  always 
sun^nu>ncd 
to  sit. 


Judges  who 
sit  by  rota. 


Article  14 

The  Court  is  composed  of  fifteen  judges;  nine  judges  constitute  a 

quorum.  .  <  u    ^u 

A  judge  who  is  absent  or  prevented  from  sitting  is  replaced  by  the 

deputy  judge. 

Articxe  15' 

The  judges  appointed  by  the  following  contracting  Powers:  Ger- 
many, the  United  States  of  America,  Austria-Hungary,  France.  Great 
Britain   Italy,  Japan,  and  Russia,  are  always  summoned  to  sit. 

The  judges  and  deputy  judges  appointed  by  the  other  contracting 
Powers  sit  by  rota  as  shown  in  the  table  annexed^  to  the  present  Con- 
vention :  their  duties  may  be  performed  successively  by  the  same  per- 
son.    The  same  judge  may  be  appointed  by  several  of  the  said  Powers. 

^^servation  of  this  article  was  made  by  Chile.  Cuba,  Ecuador,  Guatemala, 
Haiti,  Persia,  Salvador,  Siam,  Turkey  and  Uruguay. 
'Post,  p.  203. 


^N^^^tel-  ■  :m&^ 


THE  INTERNATIONAL  PRIZE  COURT 


Article  16 


193 


If  a  belligerent  Power  has.  according  to  the  rota,  no  judge  sitting' 
in  the  Court,  it  may  ask  that  the  judge  apiioinled  by  it  should  take 
part  in  the  settlement  of  all  cases  arising  from  the  war.  Lots  shall 
then  be  drawn  as  to  which  of  the  judges  entitled  to  sit  according 
to  the  rota  shall  withdraw.  This  arrangement  does  not  atTect  the 
judge  appointed  by  the  other  belligerent. 


l.iMw.Tftil 


vv 


Article  17 

\'o  judge  can  sit  who  has  been  a  party,  in  any  way  whate\er,  to   ^'  '"';;;;;'^';.^" '" 
the  sentence  pronounced  by  the  national  courts,  or  has  taken  part  in 
the  case  as  counsel  or  advocate  for  one  of  the  parties. 

No  judge  or  deputy  judge  can,  during  his  tenure  of  otTice,  appear 
as  agent  or  advocate  before  the  International  Prize  Court  nor  act  for 
one  of  the  parties  in  any  capacity  whatever. 


Article  18 

The  belligerent  captor  is  entitled  to  appoint  a  naval  officer  of  high 
rank  to  sit  as  as-essor.  but  with  no  voice  in  the  decision.  A  neutral 
Power,  which  is  a  party  to  the  proceedings  or  whose  subject  or 
citizen  is  a  party,  has  the  same  right  of  appointment;  if  as  the  result 
of  this  last  provision  more  than  one  Power  is  concerned,  they  mu<t 
agree  among  themselves,  if  necessary  by  lot,  on  the  officer  to  be 
appointed. 

Article  19 

The  Court  elects  its  president  and  vice-president  by  an  absolute 
majority  of  the  votes  cast.  After  two  ballots,  the  election  is  made  bv 
a  bare  majority,  and,  in  case  the  votes  are  equal,  by  lot. 

Article  20 

The  judges  on  the  International  Prize  Court  are  entitled  to  traveling 
allowances  in  accordance  with  the  regulations  in  force  in  their  own 
country,  and  in  addition  receive,  while  the  Court  is  sitting  or  while 
they  are  carrying  out  duties  conferred  upon  them  by  the  Court,  a  sum 
of  100  Netherland  florins  f'cr  dion. 


Ilrlliucrrm 
ca;  I'T  IT 

I-.  ,1-1  il  m.iy 


I':rrlii.n 
of  ufficcrs. 


llfSii^.  ■•>.#l!i^^:  V  -  -^"'JL'- 


««WA^- 


o-.^nMiJI^^-A. 


llu-  Court. 


194 


CONVENTION  XII  Ol-  1907 


These  ijaymciils  are  inchuled  in  the  general  expenses  of  the  Court 
dealt  with  in  Article  47,  and  are  paid  tlirnugh  the  International  Bureau 
established  hy  the  Convention  of  the  29  '\  July,  1S99. 

The  judges  may  not  receive  from  tl.eir  own  Government  or  from 
that  of  any  other  Power  any  remuneration  in  their  capacity  of  mem- 
bers of  the  Court. 

Article  21 

The  scat  of  the  International  Prize  Court  is  at  The  Hague  and  it 
can  not,  except  in  the  cases  of  force  majeure,  be  transferred  elsewhere 
without  the  consent  of  the  belligerents. 


l-'iin.  Inns  of 

A'lniiinstrative 

Council. 


Iiili-rr.ati'inal 
Iliirci'.u  atis 
us  niiitilry. 


l.ai.Ruaxf 
UM.'il   m 
(irotcc-iliiii^s 


Article  22 

The  \dmini.trative  Council  fulfds,  with  regard  to  the  International 
Prize  Court,  the  same  functions  a.  to  the  Permanent  Court  of  Arbitra- 
tion, but  only  representatives  of  contracting  Powers  wdl  be  members 

of  it. 

Article  23 

The  International  Bureau  acts  as  registry  to  the  International  Prize 

Court  and  must  place  its  oflk-es  an.l  staff  at  the  disposal  of  the  Court. 

It  has  charge  of  the  archives  and  carries  out  the  administrative  work. 

The  secretary  general  of  the  International  Bureau  acts  as  registrar 

The   necessary   secretaries   to    assist   the    registrar,   translators   and 

shorthand  writers  are  appointed  and  sworn  in  by  the  Court. 

Artici  e  24 

The  Court  .ktermines  which  language  it  will  itself  use  and  what 
lansuages  may  be  used  before  it.  ,  ■  ,    ,      „ 

In  everv  case  the  ofticial  language  of  the  national  courts  which  have 
had  cognizance  of  the  case  may  be  used  before  the  C  ourl. 


IV'wers  inay 
appoint  .-t^rnt?. 
.iii<l  counsel. 


Article  25 
Powers  which  are  co.-,cerned  m  a  case  may  appoint  special  agents 
,.,  act  as  intermediaries  between  themselves  an.l  the  Court.     They  may 
dso  en<n.ge  counsel  or  advocates  to  defend  their  rights  and  interest.. 


THE  INTERNATIONAL  PRIZE  CDURT 


AuTRi.i:  26 


195 


A  private  pcrM)!!  coiicliiiciI  in  a  case  will  be  rc[)resente(l  before  the   jY,'".""^' '"' 
Court  by  an  attorney,  wiio  nui>t  be  either  an  advocate  qiialiiied  to  plead   ""Ji>'i>'-'i» 
before  a  court  of  aiJpeal  or  a  iiif^li  court  of  one  of  the  contractinjj 
Stales,  or  a  lawyer  practicing  before  a  similar  court,  or  lastly,  a  pro- 
fessor of  law  at  one  of  tbe  liiirher  teacliin'j  centers  of  tiiose  countries. 


:u<-  l.i  lie 


Akticli:  27 

For  all  notices  to  be  served,  in  particular  on  the  parties,  witnesses, 
or  experts,  the  Court  may  apply  ducci  to  the  dovernmcnt  of  the  Stale 
on  wlwise  territory  the  service  is  to  he  carried  out.  'I'lu'  same  rule 
applies  in  the  case  of  steps  henif;  taken  in  procure  evidence. 

The  reijuests  for  this  jjurpose  are  to  he  executed  >o  far  as  the  m(an> 
at  the  disposal  of  the  Tower  ap|ilied  to  UTuler  its  municipal  law  allow. 
Thev  can  not  be  rejcctea  unless  the  Power  in  (juestion  considers  them 
calculated  to  impair  its  sovereign  rights  or  its  safety.  If  the  request 
is  complied  with,  the  fees  charged  must  only  comprise  the  expenses 
actually  incurred. 

The  Court  is  equally  entitled  to  act  through  the  Power  on  whose 
territory  it  sits. 

Notices  to  be  given  to  parties  in  the  place  where  the  Court  sits  may 
be  served  through  the  International  Bureau. 

Part  III.— Pkocedure  in  thi:  I.\Ti:KN.\-noN.\L  Puizi-  CofUT  nr."c'!-,'",t. 

Article  28' 

An  appeal  to  the  International  Prize  Court  is  entered  by  means  of  a   ,'^J;;';  ,'\^;"' 
written    declaration   made    in    the   national    court    which    has    already   >.o„L.a|.,cai. 
dealt  with  the  case  or  addressed  to  the  IiUernational  Bureau:  in  the 
latter  case  the  appeal  can  be  entered  by  telegram. 

The  period  within  which  the  appeal  must  be  entered  is  fixed  .nl  120 
days,  counting  from  the  day  the  decision  is  delivered  or  notifieil  i  Ar- 
ticle 2,  paragraph  2). 

Article  29- 

If  the  notice  of  appeal  is  entered  in  the  national  court,  this  Court,   ''/i^'^"; ;,",;;'" 
without  considering  the  question   whether  the  appeal  was  entered  m    {;;,';; ■,,^''""^ 


9l 

H 

■  ■■'I 


'Sfc  .\rtirle  5  of  ttic  AiMition.iI  I'mtncol,  fi-^sl.  p.  206. 
'See  Article  6  of  the  Adililional  Protocol,  post,  p.  207. 


-  ■mMm^mmbmm^i^mmm!mm^m^^mmiL^z'^^mmM 


WM 


-:#*».i 


jgg  CONVF.NTION  Xll  OF  1907 

due  time,  will  transmit  within  seven  .lays  the  record  of  the  case  to  the 

International  Bureau. 

If  the  notice  of  the  appeal  is  sent  to  the  Inteniational  Bureau  the 
Bureau  will  imme.liately  inform  the  national  court,  when  i.oss.hle  by 
telegraph.     The   latter  will  transmit   the   record  as   provided   m  the 

nre-.-dinn  paragraph. 

\N  hen  the  appeal  is  brought  by  a  neutral  in.livi.lual  .'  International 
Bureau  at  once  mforms  by  telegraph  the  individual's  Government,  in 
order  to  enable  it  to  enforce  the  rights  it  enjoys  under  Article  4,  para- 
graph 2. 

Articlk  30 

In  the  case  provided  for  in  Article  6.  paragraph  2,  the  notice  of 
f„i  .0  g.vr  appeal  can  be  addressed  to  the  International  Bureau  only.     It  must  be 

6,,..  ,ud.n,cn,.      ^H^^^^  ^.^^^.^^  ^j^.^^^,  ^^^.^  ^j  ^,,^.  ^^^,;,,,,,^,,  of  the  period  of  two  years. 


Appr»l  wheo 

ratiiiiia]  courts 


Latp  appeal 

may  be  rt-jected. 


Article  31 
If  the  appellant  does  not  enter  his  appeal  within  the  period  laid  down 
in  Articles  2S  or  30,  it  shall  be  rejectcl  without  discussion. 

Provided  that  he  can  show  that  he  was  prevented  ironi  so  doing  by 
force  >„a,au.:  and  that  the  appeal  was  entered  within  sixty  days  afte 
he  circumstances  which  prevented  h.-n  entering  it  before  had  ceas.d 
to  operate,  the  Court  can.  after  hearing  the  respondent,  grant  relief 
from  the  etTect  of  the  above  provision. 

Article  32 
If  the  appeal  is  entered  in  time,  a  certified  copy  of  the  notice  of 
rri:;inr..       appeal  is  forthwith  officially  transmitted  by  the  Court  to  the  respondent. 

Article  33 

If  in  addition  to  the  parties  who  are  before  the  Court,  there  are 
othe^  parties  concerned  who  are  entitle.l  to  appeal,  or  if.  m  the  case 
r      rr  d  t.,  in  Article  29,  paragraph  3,  the  Government  who  has  re- 

V       notice  of  an  appeal  has  not  announced  its  dec.ion.  the  Cour 
will  await  before  dealing  with  the  ca.e  the  expiration  of  the  period  laid 
down  in  Articles  28  or  30. 


Appeal  of 
ott'.cr  parlie 


v.-^^aj. 


l^lU^^i 


1 


m 


THE  INTr.KNATlf)NAL  PRIZE  COURT 


197 


AKTItt.E  34 

'llic  i)rocc(liirc  before  the  Iiitirtiational  Court  iiicliulcs  two  distinct 
jiart^:  the  written  pleadings  and  oral  discussions. 

The  wiitten  plcadiiijjs  consist  of  the  deposit  and  exchange  of  cases, 
countir-cases,  and,  if  necessary,  of  rcphes,  of  whicli  the  ordir  i>  lixed 
by  the  Court,  as  also  the  periods  within  which  tl  ■-•y  must  he  delivered. 
The  parties  annex  thereto  all  papers  and  documents  of  which  they 
intend  to  make  use. 

A  certified  copy  of  every  document  produced  by  one  party  must  he 
communicated  to  the  other  party  through  the  medium  of  the  Court. 


(Mr.Tlifiat 
antl  urKurrrnt. 


f\ 


Article  35 

After  the  close  of  the  pleadings,  a  public  sitting  is  held  on  a  day   I'utiicMtiiMg. 
fixed  by  the  Court. 

At  this  sitting  the  parties  state  their  view  of  the  case  both  as  to  the 
law  and  as  to  the  facts. 

The  Court  may,  at  any  stage  of  the  proceedings,  suspend  speeches 
of  counsel,  cither  at  the  request  of  one  of  tlu'  parties,  or  on  their  own 
initiative,  in  order  that  supplementary  evidence  may  be  obtained. 


Article  36 

The  International  Court  may  order  the  supplementary  evidence  to 
be  taken  either  in  the  manner  provided  by  .Article  27,  or  before  itself, 
or  one  or  more  of  the  members  of  the  Court,  provided  that  this  can 
be  d  )ne  without  resort  to  compulsion  or  the  use  of  threats. 

If  steps  are  to  be  taken  for  tlie  purpose  of  obtaining  evidence  by 
members  of  the  Court  outside  the  territory  where  it  is  sitting,  the 
consent  of  the  foreign  Government  must  be  obtained. 

Article  37 

The  parties  are  summoned  to  take  part  in  all  stages  of  the  proceed- 
ings and  receive  certified  copies  of  the  minutes. 


'nr'-Ifmenlary 

evidence. 


PaitifS  siini- 

111'  llfil  frir 

p\  ery  staKP 

tif  [Tncredirgs. 


Article  38 

The  discussions  are  under  the  control  of  the  president  or  vice-presi-   [),';','""irT 
dent,  or,  in  case  they  are  absent  or  can  not  act,  of  the  senior  j.id,i;e  •'>  ir'sidcnt. 
present. 

The  judge  appointed  by  a  belligerent  party  can  not  preside. 


^^^mms^^^^M^j^ 


•*•.'». 


iJU^lClll 


I'lS 


H)NVI.NTloN  XII  ()!•  1907 


Pi«("\n«*i«'n« 


N!iiuiti^. 


f.li'lirr  if 
p.nrlv  I.. 


N..iifMair'n 
i«f  ilevrct^ 
or  ilfttMiins. 


M.itlcr«  I'  n- 
liclfffil  in 
arrivtim  af 
lieti'ion. 


Mannrr    nf 
ni  ak  1  ti  ir 
dfcisii.ns. 


Rra^nnsi  lol 
iudRment. 


Mfltlcinf 
(.fn.  iinrinR 
sciiteuct. 


Akticle  39 
The  ai^cussiuns  take  place  n,  in.l.Uc.  sul.jcct  to  the  nsht  of  a  Gov- 
ernment who  »  a  ,.a.ty  to  the  ca^c  to  -Icniand  tliat  they  be  hchl  in 

'"Nl-,uue<  arc  taken  of  these  .l.^cussions  and  signed  t)y  the  president 
a„.l  reRi-trar,  and  llie^e  minutes  alone  have  an  authentic  chara.  cr. 

Article  40 
If  a  j.artv  does  not  appear,  despite  the  fact  that  he  has  been  duly 
cued    or  It 'a  partv  fails  to  comply  with  sumc  step  within  the  ,M.nud 
fixed  hv  the  Court,  the  case  proceeds  without  that  party,  and  the  Court 
give,  judgment  in  accordance  with  the  material  at  its  disposal. 

Article  41 
The  Court  officially  notifies  to  the  parlies  decrees  or  decisions  made 

in  their  absence. 

Akticle  42 
The  Curt  takes   into  consideration   in  arriving  at   its   ''.cision   all 
the  fact<.  evidence,  and  oral  statements. 

Article  4,5 
The  Court  considers  its  dccis.un  m  i-nvate  and    '>^  proceeding,  are 

secret.                                                                       ,          ,                  .  t* 

\1!  questions  are  decided  by  a  majority  of    ne  ^.ilges  present.  If 

the  number  of  judges  is  even  aiul   equally  'li^"led.  'he  vote   ot  the 

junior   judge   in   the   order  of   precedence   lau.     lown    m   Article  1^, 
paragraph  1,  is  not  counted. 

Akti    :.k  44 
Tlie  judgment  of  the  Court  nui-t  give  the  --asons  on  whidi   it   is 
ba-c.l.     It  contains  the  names  of  the  jti.ig.-s  taking  par-  in  it.  ar.d  also 
of  Lhe  assessors,  if  any:  it  is  ■signed     v  th.   r-rcMdent  and  registrar. 

AktI'      .4- 
The  sentence  is  pronounced  in  public  ^'.ttmg,  the  parties  concerneil 
being  present  or  duly  sunimo'ied  to  attend;  the  senteuLe  is  ofticially 
communicated  to  the  parties. 


'Sec  .\rticle  7  of  the  .-XdiliU'^nal  Prof.  .■..;    rjst.  p.  207. 


mi\^^mi^i^'  M('^iZ..^AiS^^''i'.  •  f-^A4W- 


•  .  31 1#.  X*. 


TIIK  IM'  NNATION  \I.  VU\/.\:  (  oUK 


IQ-^ 


\\  licii  this  c(ininniiiic.ilii>ii  lias  liccti  in.ule,  thr  Court  transmits  to 
llif  riatioiial  pri/c  court  tlic  rtrord  ot  the  ca-c,  toj^cther  with  copies 
of  tlic  various  dtcisioiis  arrived  at  and  of  the  niimites  of  the  |)ro- 
ccfdings. 

Articlp.  46 

l".acli  party  pays  it^  own  costs. 

I'lic  party  against  whom  the  Cdurt  decides  bears,  in  addition,  the 
co--ts  of  the  trial,  and  also  pay^  1  jut  cmt  of  the  value  "f  the  -.uhject- 
matter  of  the  case  as  a  coiitnliution  to  the  general  expenses  of  the 
Iiiteriiatioiial  Court.  The  aniouiit  of  hese  payments  is  fixed  in  the 
judgment  of  the  Court. 

if  the  appeal  is  brought  by  an  individual,  he  will  furnish  the  Inter- 
national Hiircau  with  security  to  an  amount  fixed  by  the  Court,  for  the 
purpose  of  gu.iranteeing  eventual  fultilmcnt  of  the  two  obligations  men- 
tinned  in  the  preceding  [i.iragraph.  The  Court  is  entitled  to  postpone 
the  opening  of  itu-  proceedings  until  the  security  has  been  furnished. 


I'.IV'Mfi'l 

<'f  ri»lt. 


Article  -^7 

Tiie  general  expenses  of  the   International   Prire  Court  are  borne  ''"''"' 
by  the  contracting  Powers  in  proportion  to  their  shore  in  the  composi-   ""  ""f- 
tion  of  the  Court  as  laid  down  in  .Article  15  and  in  the  annexed  table  ' 
The  appointment  of  deputy  judges  does  not  involve  iny  contribution. 

The  .\dniinistrative  Council  applies  to  the   Powers   for  the   funds 
requisiie  for  the  working  of  the  Court. 


Article  48 

When  the  Court  is  not  sitting,  the  duties  conferred  upon  it  by  Ar- 
ticle 32.  Article  34,  paragraphs  2  and  .i,  Article  35,  paragraph  1,  and 
Article  46,  pa Mcraph  3.  are  di.scharged  by  a  delegation  of  three  judges 
appointed  by  the  Court.  This  delegation  decides  by  a  majority  of 
votes. 

Article  49 

The  Court  itself  draws  up  its  own  rules  of  procedure,  which  must 
be  communicated  to  the  contracting  Powers. 

It  will  meet  to  el.-iborritc  these  rules  within  a  ye:ir  of  the  r.itiiica- 
tioii  of  the  present  Convention, 


IVrf'rmance 
.  f  liiilirr. 
u  !irn  ("iMirt 
is  not  sitting. 


K.iles  ,f 
ITnfediir" 


^Prst,  p.  203. 


«v 


200 


Modifications 
in  present 
Convention. 


provisions. 


Apr^icanility 
of  Convention. 


R.itifiratinns. 


CONVENTION  XII  OF  1907 
Article  50 


The  Court  may  propose  modifications  in  the  previsions  of  the  pres- 
ent Convention  concerning  procedure.  These  proposals  are  commu- 
nicated through  the  medium  of  the  Netherland  Government,  to  the 
contracting  Powers,  which  will  cor  ,ider  together  as  to  the  measures 

to  be  taken. 

Part  IV.— Final  Provisions 

Article  51 

The  present  Convention  does  not  apply  as  of  right  except  when  the 
belligerent  Powers  are  all  parties  to  the  Convention. 

It  is  further  fully  understood  that  an  appeal  to  the  International 
Prize  Court  can  only  be  brought  by  a  contracting  Power  or  the  subject 
or  citizen  of  a  contracting  Power. 

In  the  cases  mentioned  in  Article  5,  the  appeal  is  only  admitted 
when  both  the  owner  and  the  person  entitled  to  represent  him  are 
equally  contracting  Powers  or  the  subjects  or  citizens  of  contracting 
Powers. 

Article  52 

The  present  Convention  shall  be  ratified  and  the  ratifications  shall 
be  deposited  at  The  Hague  as  soon  as  all  the  Powers  mentioned  m 
Article  15  and  in  the  table  annexed  are  in  a  position  to  do  so. 

The  deposit  of  the  ratifications  shall  take  place,  in  any  case,  on  the 
30th  June,  1909,  if  the  Powers  which  are  ready  to  ratify  furnish  nine 
judges  and  nine  deputy  judges  to  the  Court,  qualified  to  validly  con- 
stitute a  Court.  If  not,  the  deposit  shall  be  postponed  until  this  con- 
dition is  fulfilled. 

A  minute  of  the  deposit  of  ratifications  shall  be  drawn  up.  of  which 
a  certified  copy  shall  be  forwarded,  through  the  diplomatic  channel, 
to  each  of  the  Powers  referred  to  in  the  first  paragraph.' 


and  ailh.  ^i'.ns. 


Article  53 

The  Powers  referred  to  in  .Article  15  and  in  the  table  annexed 
are  entitled  to  si-n  the  present  Convention  up  to  the  deposit  of  th. 
ratifications  contemi)!ated  in  paragraph  2  of  the  preceding  article. 

After  this  deposit,  they  can  at  any  time  adhere  to  it,  purely  and 

'See  Article  8  of  the  Additional  Protocol.  p03l,  p.  207. 


.^ilkc;  :^ 


I'' 


'fl*i 


THE  INTERNATIONAL  PRIZE  COURT 


201 


I 

f 


i  ,1 


simply.'  A  Power  wishing  to  adhere,  notifies  its  intention  in  writing 
to  the  Netherland  Government  transmitting  to  it,  at  the  same  time,  the 
act  of  adhesion,  which  shall  be  deposited  in  the  archives  of  the  said 
Government.  The  latter  shall  send,  through  the  diplomatic  channel. 
a  certified  copy  of  the  notification  and  of  the  act  of  adhesion  to  all 
the  Powers  referred  to  in  the  preceding  paragraph,  informing  them 
of  the  date  on  whicii  it  has  received  the  notification. 

Article  54 

The  present  Convention  shall  come  into  force  six  months  from  the  ^^^J^„';[„„ 
deposit  of  the  ratifications  contemplated  in  Article  52,  paragraphs  1 
and  2. 

The  adhesions  shall  take  effect  sixty  days  after  notification  of  such 
adhesion  has  been  received  by  the  Netherland  Government,  or  as  soon 
as  possible  on  the  expiration  of  the  period  contemplated  in  the  pre- 
ceding paragraph. 

The  International  Court  shall,  however,  have  jurisdiction  to  deal 
with  prize  cases  decided  by  the  national  courts  at  any  time  after  the 
deposit  of  the  ratifications  or  of  the  receipt  of  the  notification  of  the 
adhesions.  In  such  cases,  the  period  fixed  in  Article  28,  paragraph  2, 
shall  only  be  reckoned  from  the  date  when  the  Convention  comes  into 
force  as  regards  a  Power  which  has  ratified  or  adhered. 

Article  55 

The  present  Convention  shall  remain  in  force  for  twelve  years  from  nuraiion. 
the  time  it  comes  into  force,  as  determined  by  Article  54,  paragraph  1, 
even  in  the  case  of  Powers  which  adhere  subsequently. 

It  shall  be  renewed  tacitly  from  six  years  to  six  years  unless  de 
nounced. 

Denunciation  must  be  notified  in  writing,  at  least  one  year  before  rx^ 
the  expiration  of  each  of  the  periods  mentioned  in  the  two  preceding 
paragraphs,  to  the  Xetherland  Government,  which  will  inform  all  the 
other  contractini;  Powers. 

Denunciation  shall  only  take  effect  in  rei^ard  to  tlu-  \\n\cr  which 
has  notified  it.  The  Convention  shall  remain  in  force  in  the  case  of 
the  other  contracting  Powers,  provided  that  their  participation  in  the 
appointment  of  judges  is  sufticient  to  allow  of  tlic  composition  of  the 
Court  with  nine   judges   and  nine  deputy  judges. 

'See  Article  9  of  the  .Xdditional  Protocol,  post,  p.  207. 


UtTiCwal. 


niinciation. 


202 


CONVENTION  XII  OF  1907 


Selection  of 
jndKe«i  by 
Arlministra- 
live  Council. 


Nf  oHification 
of  Article  15. 


Articxe  56 

In  case  the  present  Convention  is  not  in  operation  as  regards  all  the 
Powers  referred  to  in  Article  15  and  the  annexed  table,  the  Adminis- 
trative Council  shall  draw  up  a  list  on  the  lines  of  that  article  and  table 
of  the  judges  and  deputy  judges  through  whom  the  contracting  Powers 
will  share  in  the  composition  of  the  Court.  The  times  allotted  by  the 
said  table  to  judges  who  are  summoned  to  sit  in  rota  will  be  redis- 
tributed between  the  different  years  of  the  six-year  period  in  such  a 
way  that,  as  far  as  possible,  the  number  of  the  judges  of  the  Court  in 
each  year  shall  be  the  same.  If  the  number  of  deputy  judges  is  greater 
than  that  of  the  judges,  the  number  of  the  latter  can  be  completed  by 
deputy  judges  chosen  by  lot  among  those  powers  which  do  not  nomi- 
nate a  judge. 

The  list  drawn  up  in  this  way  by  the  Aaministrative  Council  shall 
be  notified  to  the  contracting  Powers.  It  shall  be  revised  when  the 
number  of  these  Powers  is  modified  as  the  result  of  adhesions  or  de- 
nunciations. 

The  cliange  resulting  from  an  adhesion  is  not  made  until  the  1st 
January  after  the  date  on  which  the  adhesion  takes  effect,  unless  the 
adhering  Power  is  a  belligerent  Power,  in  which  case  it  can  ask  to  be 
at  once  represented  in  the  Court,  the  provision  of  Article  16  being, 
moreover,  applicable  if  necessary. 

When  the  total  number  of  judges  is  less  than  eleven,  seven  judges 
form  a  quorum. 

Article  57 

Two  years  before  the  expiration  of  each  period  referred  to  in  para- 
grapiis  1  and  2  of  Article  55  any  contracting  Power  can  demand  a 
modification  of  the  provisions  of  Article  15  and  of  the  annexed  table, 
relative  to  its  participation  in  the  composition  of  the  Court.  The 
demand  shall  be  addressed  to  the  Administrative  Council,  which  will 
examine  it  and  submit  to  all  the  Powers  proposals  as  to  the  measures 
to  be  adopted.  The  Powers  shall  inform  the  Administrative  Council 
of  their  decision  with  the  least  possible  delay.  The  result  sliall  be  at 
once,  and  at  least  one  year  and  thirty  days  before  the  expiration  of 
the  said  period  of  two  years,  communicated  to  the  Power  which  made 
the  demand. 

\\"l;oii  necessary,  the  modifications  adopted  liy  the  Powers  shall  conic 
into  force  from  the  commencement  of  the  fi-esh  period. 


THE  INTERNATIONAL  PRIZE  COURT 


203 


In  faith  whereof  the  plenipotentiaries  have  appended  their  signatures 
to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October.  1907,  in  a  single  copy,  which 
shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  shall  be  sent,  through  the  diplo- 
matic channel  to  the  Powers  designated  in  Article  15  and  in  the  table 
annexed. 

[Here  follow  signatures.] 


Signing. 


DcFosit  of 
original. 


Certifid  copies 
to  Powers. 


Annex  to  Article  15 

Distribution  of  Judges  and  Deputy  Judges  by  Countries  for  Each  Year 
of  the  Period  of  Six  Years 


1 
JUDGES 

i 

niCI'L'TV    JUDGES 

JUDGES 

DEPUTY    JUDGES 

First 

Year 

Secoi 

d   Year 

1  Argentine 

Paraguay 

Argentine 

1  Panama 

2  Colombia 

Bolivia 

1  Spain 

!  Spain 

3  Spain 

Spain 

\  Greece 

Roumania 

4  Greece 

Roumania 

1  Norway 

;  Sweden 

5  Norway 

Sweden 

■  Netherlands 

'  Belgium 

6  Xetherlands 

Belgium 

\  Turkey 

1  Luxemburg 

7  Turkey 

Persia 

1  Uruguay 

Costa  Rica 

Third 

Year 

Fourth    Year 

1  Brazi: 

Dominican  Rep. 

Brazil 

;  Guatemala 

2  China 

Turkey 

China 

;  Turkey 

3  Spain 

Portugal 

i  Spain 

Portugal 

4  Netherlands 

Switzerland 

'  Peru 

Honduras 

5  Roumania 

Greece 

Roumania 

;  Greece 

6  Sweden 

Denmark 

Sweden 

'  Denmark 

7  \'enezuela 

Haiti 

Switzerland 

Netherlands 

Fifth 

Year 

Sixth  Year 

1    Belgium 

Netherlands 

Belgium 

Netl'.erlands 

2  Bulgaria 

Montenegro 

Chile 

!  Sahador 

3  Chile 

Nicaragua 

Denmark 

Norway 

4  Denmark 

Norway 

Mexico 

;  Ecuador 

.^  Mexico 

Cuba 

Portugal 

:  Spain 

r.  Persia 

China 

Serbia 

:  lUilgaria 

7  Portugal 

Spain 

Siam 

i  China 

204 


THE  ADDITIONAL  PROTOCOL  OF  1910 


Contraflinff 
Powers. 


I'ienipn- 
tentiarics. 


ADDITIONAL  PROTOCOL  TO  THE  CONVENTION  RELATIVE  TO  THE 
ESTABLISHMENT  OF  AN  INTERNATIONAL  COURT  OF  PRIZE' 

Signed  at  The  Hague,  September  19,  1910 

Germany,  the  United  States  of  America,  the  Argentine  Republic, 
Austria-Hungary,  Belgium,  Bolivia,  Bulgaria,  Chile,  Colombia,  the 
Republic  of  Cuba,  Denmark,  Ecuador,  Spain.  France,  Great  Britain, 
Guatemala,  Haiti,  Italy,  Japan,  Mexico,  Norway,  Panama,  Paraguay, 
the  Netherlands,  Peru,  Persia,  Portugal,  Salvador,  Siam,  Sweden, 
Switzerland,  Turkey,  Uruguay, 

Powers  signatory  to  the  Hague  Convention  dated  October  18,  1907, 
for  the  establisiiment  of  an  International  Court  of  Prize, 

Considering  that  for  some  of  these  Powers  difficulties  of  a  consti- 
tutional nature  prevent  the  acceptance  of  the  said  Convention,  in  its 
present    form. 

Have  deemed  it  expedient  to  agree  upon  an  additional  protocol 
taking  imo  account  these  difficulties  without  jeopardizing  any  legiti- 
mate interest  and  have,  to  that  end,  appointed  as  their  plenipoten- 
tiaries, to  wit : 

Germ;iny:  His  Excellency  Felix  von  Muller,  Envoy  r:xtraordinary 
and  Mini'^ter  Plenipotentiary  at  The  Hague. 

The  United  States  of  America:  James  Brown  Scott. 

The  Argentine  Republic:  His  Excellency  Alej-  t  Guesalaga,  En- 
voy Extraordinary  and  Minister  Plenipotentiary  he  Hague. 

Austria-Hungary:  Baron  E.  Gudenus,  Charge  d'Aflaires  ad  tnte- 
ritn  at  The  Hague. 

Belgium;  His  Excellency  Baron  Fallon,  Envoy  Extraordinary  and 
Miiiisier  Plenipotentiary  at  The  Hague. 

Bolivia:  His  Excellency  General  Ismael  Montes,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  at  The  Hague. 

Bulgaria:  l!i^  Excellency  Dimitri  Stancioff,  Envoy  Extraordinary 
and  Mini'^ter  Plenipotentiary  in  France  and  Belgium. 

Chile:  His  Excellency  Federico  I'liga  Borne,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  at  Paris. 

Colombia:  His  Excellency  Ignacio  Gutierrez  Ponce,  Envoy  Ex- 
traordinary and  Minister  Pknip'itentiary  at  The  Hai,'ue. 

The  Republic  of  Cuba:  Miguel  Angel  Canipa,  Charge  d'AlTaires 
ad  interim  at  The  Hague. 

Denmark :    J.    \V.    Grevenkop    Ca'=tcii    :jold,    Mini-ter    Resident    at 

The  Hague. 


'1-orcuin    relations   of   the    i'niicd   SluUs.    1910,    p.    631; 
Rccui'il  General  de  Traites,  3(1  series,  vol.  vii,  p.  73. 


MartcTis,   Nuuvvau 


WziM^^Fm^- 


THE  INTERNATIONAL  PRIZE  COURT 


205 


■ 


Ecuador:  His  Excellency  Victor  Manuel  Rendon,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  at  Paris. 

Spain :  His  Excellency  Jose  de  la  Rica  y  Calvo,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  at  The  Hague. 

France:  His  Excellency  Marcellin  Pellet,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  The  Hague. 

Great  Britain:  His  Excellency  Sir  George  William  Buclianan, 
G.  C.  V.  O.,  K.  C.  M.  G.,  C.  B.,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  at  The  Hague. 

Guatemala:  Francisco  de  Arce,  Charge  d'Affaires  ad  interim  at 
The  Hague. 

Haiti:  His  Excellency  Georges  Sylvain,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  Paris. 

Italy:  His  Excellency  Count  Giuseppe  Sallier  de  la  Tour,  Duke  of 
Calvello,  Envoy  Extraordinary  and  Minister  Plenipotentiary  at  The 
Hague. 

Japan:  His  Excellency  Aimaro  Sato,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  The  Hague. 

Mexico:  His  Excellency  Enrique  Olarte,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  The  Hague. 

Norway .  His  Excellency  George  Francis  Hagerup,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  at  The  Hague. 

Panama:  Juan  Antonit)  Jimenez,  Char<ie  d'Affaires  at  Tlie  Hague. 

Paraguay:  Count  Georges  du  Monceau  de  Bergendal,  Consul  of 
Paraguay  at  Brussels. 

The  Netherlands:  His  Excellency  Jonkheer  R.  de  Marees  van  Swin- 
deren,  Minister  of  Foreign  Affairs. 

Peru:  His  Excellency  Manuel  Alvarez  Calderon,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  in  Belgium  and  Switzerland. 

Persia:  His  Excellency  Mirza  Ahmed  Khan  Sadigh  ul-Mulk,  En- 
voy Extraordinary  and  Minister  Plenipotentiary  at  The  Hague. 

Portugal:  Carlos  Rangel  de  Sampaio,  Charge  d'Affaires  ad  interim 
at  The  Hague. 

Salvador:  John  Helsmoortel.  Consul  General  of  Salvador  in  Bel- 
gium. 

Siam:  His  Excellency  Phya  Visutr  Kosa,  Envoy  Extraordinary  and 

Minister  Plenipotentiary  at  The  Hague. 

Sweden:  His  Excellency  Count  Johan  Jacob  Alliert  F.hrensviird, 
En>        Extraordinary  and  Minister  Plenipotentiary  at  The  Ilai^ue. 

Switzerland:  Gaston  Carlin,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  at  The  Hague. 


'X 


im^:^m: 


206 


THE  ADDITIONAL  PROTOCOL  OF  1910 


RiRtits  nt 
Powers  slRna- 
tnry  or  adlier- 
inK  to  CoTivcn- 
lion  of  Orlo- 
her  18.  1907. 


In  rasr  of  an 
artion  for 
damages- 


Court  deter- 
mine?  :iiiuair.t 
to  be  allowed, 
if  any. 


Rnk-of 
;)rot;cdure. 


Tn  drrocation 

of  .Vrtii  1,-  :s 

of  ('on\t'ntion. 


Turkey:  His  Excellency  Aristarchi  Bey,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  The  Hague. 

Uruguay:  \'irgilio  Sampognaro,  Charge  d'Affaires  at  The  Hague. 

Who.  after  depositing  their  full  powers,  found  to  be  in  good  and 
due  form,  have  agreed  upon  the  following: 

Article  1 

The  Powers  signatory  or  adhering  to  the  Hague  Convention  of 
October  18,  1907,  relative  to  the  establishment  of  an  International 
Court  of  Prize,  which  are  prevented  by  difficulties  of  a  constitutional 
nature  from  accepting  the  said  Convention  in  its  present  form,  have 
the  right  to  declare  in  the  instrument  of  ratification  or  adherence  that 
in  prize  cases,  whereof  their  national  courts  have  jurisdiction,  recourse 
to  the  Intcrnaiional  Court  of  Prize  can  only  be  exercised  against  them 
in  the  form  of  an  action  in  damages  for  the  injury  caused  by  the 

capture. 

Article  2 

In  the  case  of  recourse  to  the  International  Court  of  Prize,  in  the 
form  of  an  action  for  damages,  Article  8'  of  the  Convention  is  not 
applicable :  it  is  not  for  the  Court  to  pass  upon  the  validity  or  the 
nullity  of  the  capture,  nor  to  reverse  or  affirm  the  decision  of  the 
national  tribunals. 

If  the  capture  is  considered  illegal,  the  Court  determines  the  amount 
of  damages  to  be  allowed,  if  any,  to  the  claimants. 

Article  3 
The  conditions  to  which   recourse  to   the  International  Court  of 
Prize  is  subject  by  the  Convention  are  applicable  to  the  action  in 
damages. 

Article  4 

Under  reserve  of  the  jirovisions  hereinafter  stated  the  rules  of  pro- 
cedure established  by  the  Convention  for  recourse  to  the  International 
Court  of  Prize  shall  be  observed  in  the  action  in  damages. 

Article  5 

In  (lorogation  of  Article  2.^.  ])aragrnph  1,  of  the  Convention,  the  suit 
for  damages  can  only  be  hrouRlit  before  the   International  Court  of 


^Anrc,  p.  191. 


mtF'^wmLm: 


THE  INTERNATIONAL  PKiZK  COURT 


207 


Pr'/e  by  means  of  a  written  declaration  addressed  to  the  International 
Bureau  of  the  Permanent  Court  of  Arbitration;  the  case  may  even  be 
brought  before  the  Bureau  by  telegram. 


Article  6 

In  derogation  of  Article  29  of  the  Convention  the  International   'f^"°1''ig" 
Bureau  shall  notify  directly,  and  if  possible  by  telegram,  the  Covcrn-   "fCunvc.mon. 
ment  of  the  belligerent  captor  of  the  declaration  of  action  brouglit 
before  it. 

The  Government  of  the  belligerent  captor,  without  considerinjj; 
whether  the  prescribed  periods  of  time  have  been  observed,  shall,  with- 
in seven  days  of  the  receipt  of  the  notification,  transmit  to  the  Inter- 
national Bureau  the  case,  appending  thereto  a  certified  copy  of  the 
decision,  if  any,  rendered  by  the  national  tribunal. 

Article  7 

In  derogation  of   Article  45,  paragraph  2,  of  the  Convention  the    'f  Art'ide'-r 
Court  rendering  its  decision  and  notifying  it  to  the  parties  to  the  suit   "f  <'"n«'»ion. 
shall  send  directly  to  the  Government  of  the  belligerent  captor  tlic- 
record  of  the  case  submitted  to  it,  appending  thereto  a  copy  of  the 
various  intervening  decisions  as  well  as  a  copy  of  the  minutes  of  the 
preliminary  proceedings. 

Article  8 
The  present  additional  protocol  shall  be  considered  as  formin?  an  '■'■'■«■'"  rrrto- 

'^  '^  '-,.1  v>  It  rm 

integral  part  of  and  shall  be  ratified  at  the  same  time  as  the  Con-  ".!'■;'■'!"••>'•> 

'1  litaiy. 

vention. 

If  the  declaration  provided  for  in  Article  1  herein  above  is  made 
in  the  instrument  of  the  ratification,  a  certified  copy  thereof  shall  be 
inserted  in  the  pruccs-zrrbal  of  the  deposit  of  ratifications  referred 
to  in  Article  52,  paragraph  3,  of  the  Convention. 


fl 
M 


■:•  I 


H 


Article  9 

Adherence  to  the  Convention  is  subordinated  to  adherence  to  the    'Adherence. 
present  additional  protocol. 


In  faith  of  which  the  plenipotentiaries  have  athxed  their  signatures   Signing. 
to  the  present  additional  protocol. 


■A 


208 


THE  ADDITIONAL  PROTOCOL  OF  1910 


Deposit  of 
original. 


Certified  copies 
to  Poweri. 


Done  at  The  Hague  on  the  19th  day  of  September,  1910,  in  a  single 
copy,  which  shall  remain  deposited  in  the  archives  of  the  Government 
of  the  Netherlands  and  of  which  duly  certified  copies  shall  be  for- 
warded through  diplomatic  channels  to  the  Powers  designated  in  Ar- 
ticle 15  of  the  Convention  relative  to  the  establishment  of  an  Interna- 
tional Court  of  Prize  of  October  18,  1907,  and  in  its  appendix. 

[Here  follow  signatures.] 


SIGNATURES  AND  RESERVATIONS  ' 

Both  the  1907  Convention  and  the  1910  Additional  Protocol  have 
been  signed  by  the  following  Powers: 
Argentine  Republic 


Austria-Hungary 

Belgium 

Bolivia 

Bulgaria 

Chile 

Colombia 

Cuba 

Denmark 

Ecuador 

France 

Germany 

Great  Britain 

Guatemala 

Haiti 

Italy 

Japan 


Mexico 

Netherlands 

Norway 

Panama 

Paraguay 

Persia 

Peru 

Portugal 

Salvador 

Siam 

Spain 

Sweden 

Switzerland 

Turkey 

United   States 

Uruguay 


Reservations: 

Chik-.  Cui),T.  Fcundor,  Guntcmala,  Haiti,  Persia,  Salvador,  Siam, 
Turkey  and  Uruguay  signet  tlie  Convention  with  reservation  of 
Article  15. 


iThe  deposit   of   ratifications   provided  for  in  Article  S2.  paragraph  2  (ante,  p. 
200)  lias  not  yet  taken  place. 


iGlwvara.Ji; 


'j?7v.31fZ1^3!MUW£2WT?5i.  'V'klBMaHC. . 


CONVENTION  (XIII)  CONCERNING  THE  RIGHTS  AND  DUTIES  OF 
NEUTRAL  POWERS  IN  NAVAL  WAR 

Signed  at  The  Hague,  October  18,  1907 

His  Majesty  tlie  German  Emperor,  King  of  Prussia;  [etc.]  : 

With  a   view   to  iiarmonizing  the   divergent   views   which,   in  the  Purpo»eof 

o  o  '  Conventiun. 

event  of  naval  war,  are  still  lield  on  the  relations  between  neutra! 
Powers  and  belligerent  Powers,  and  to  anticipating  the  difticulties 
to  which  such  divergence  of  views  might  give  rise; 

Seeing  that,  even  if  it  is  not  possible  at  present  to  concert  measures 
applicable  to  all  circumstances  which  may  in  practice  occur,  it  is 
neverliieless  undeniably  advantageous  to  frame,  as  far  as  possible, 
rules  of  general  application  to  meet  the  case  where  war  lias  unfor- 
tunately broken  out ; 

Seeing  that,  in  cases  not  covered  by  the  present  Convention,  it  is 
expedient  to  take  into  consideration  tiie  general  principles  of  the 
law  of  nations; 

Seeing  that  it  is  desirable  that  the  Powers  should  issue  detailed 
enactments  to  regulate  the  results  of  the  attitude  of  neutrality  when 
adopted  by  them ; 

Seeing  that  it  is,  for  neutral  Powers,  an  admitted  duty  to  apply 
these  rules  impartially  to  the  several  belligerents; 

Seeing  that,  in  this  category  of  ideas,  these  rules  should  not,  in 
principle,  be  altered,  in  the  course  of  the  war,  by  a  neutral  Power, 
except  in  a  case  where  experience  has  shown  the  necessity  for  such 
change  for  the  protection  of  the  rights  of  that  Power; 

Have  agreed  to  observe  the  following  common  rules,  wliich  can  not  ,'^'"^'J°;,_ 
however  modify   provisions   laid   down   in   existing  general   treatifs. 
and  have  appointed  as  tlieir  plenipotentiaries,  namely: 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  having  deposited  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  provisions : 


I 


* 


210 


CONVENTION  XllI  OF  1907 


ndiiRcrent!' 
til  rrnpiHt 
rinhu  'f 
nculral  I'liwcr' 


AKTiri.K   1 

Belligerents  are  bound  to  respect  tlic  sovereign  rights  of  neutral 
Towers  aiul  to  abstain,  in  neutral  territory  or  neutral  waters,  from 
any  act  which  would,  if  knowingly  permitted  by  (uy  Power,  con- 
stitute a  violation  of  neutrality. 


Ilostilr  act» 
in  neutral 
watfrs 
forbidden. 


Release  of 
■hips  captured: 
by  neutral 
Power ; 


bjr  captor 
(jovernment. 


Article  2 

Any  act  of  hostility,  including  capture  and  the  exercise  of  the 
rigiit  of  search,  committed  by  belligerent  war-ships  in  the  territorial 
waters  of  a  neutral  Power,  constitutes  a  violation  of  neutrality  and  is 
strictly  forbidden. 

Article  3 

When  a  ship  has  been  captured  in  the  territorial  waters  of  a  neutral 
Power,  this  Power  must  employ,  if  the  prize  is  still  within  its  jurisdic- 
tion, the  means  at  its  disposal  to  release  the  prize  with  its  officers  and 
crew,  and  to  intern  the  prize  crew. 

If  the  prize  is  not  in  the  jurisdiction  of  the  neutral  Power,  the 
captor  Government,  on  the  demand  of  that  Power,  must  liberate  the 
prize  with  its  officers  and  crew.' 


Pri^e  court  "^ 
forbidden  in 
neutral 
territory. 


Use  of  neutral 
ports  by 
belliKercnts 
forbidden. 


Article  4 
A  prize  court  can  not  be  set  up  by  a  belligerent  on  neutral  territory 
or  on  a  vessel  in  neutral  waters. 

Article  5 

Belligerents  art  forbidden  to  use  neutral  ports  and  waters  as  a 
base  of  naval  operations  against  their  adversaries,  and  in  particular 
to  erect  wireless  telc<;raphy  stations  or  any  apparatus  for  the  purpose 
of  communicating  with  the  belligerent  forces  on  land  or  sea. 


War  siipiilies 
to  belligerents 
forbiddcn. 


Article  6 

The  supply,  in  any  manner,  directly  or  indTectly.  by  a  neutral 
Power  to  a  belligerent  Power,  of  war-ships,  ammunition,  or  war 
material  of  anv  kind  whatever,  is  forbidden. 


■See  the   reservation   of  the  United    States   respecting   this   paragraph,   post. 
i>   219. 


NKUTKAI.  POWKKS  I\  N.W  AI,  WAR 


-Ml 


Article  7 

A  neutral  I'liwi-r  is  not  hoiiml  to  jirevi'iit  the  export  or  transit,  for  "'"'i  ■' 
the  use  of  either  belhgcrciit,  of  arms,  aiiiinuiiition,  .ir,  in  ^'ciuial,  of  "H"''' 
anything  wliich  could  be  of  use  to  an  army  or  Heet. 


Article  S 

A  neutral  Government  is  bound  to  employ  the  mean-  at  its  dis-    NrminB.  nc, 
posal   to  prevent  the   fittmg  out  or  arminij  of  any  vessel   within   its  ""c  «''■<•, 
jurisdiction   which   it  has   reason  to  believe  is  intended  to  cruise,  or  ■'i'  "«""•' 
engage  in  hostile  operations,  against  a  Power  with  which  that  <  Gov- 
ernment is  at  peace.     It  is  also  bound  to  display  the  same  vigilance  to 
prevent  the  departure  from  its  jurisdiction  of  any  vessel  intended  to 
cruise,  or  engage  in  hostile  ojjcrations,  wdiich  had  been  adapted  en- 
tirely or  partly  within  the  said  jurisdiction  for  use  in  war. 


Article  9 


Impartiality  to 


A  neutral  Power  must  apply  impartially  to  t''"  two  bel'ij^  nts 
the  conditions,  restrictions,  or  prohibitions  made  by  it  in  r  gnid  to 
the  admission  into  its  ports,  roadsteads,  or  territorial  w\Tters,  of  bel- 
ligerent war-ships  or  of  their  prizes. 

Nevertheless,  a  neutral  Power  may  forbid  a  belligerent  vessel  which  ^iV'J;.e',i"  "" 
has  failed  to  conform  to  the  orders  and  regulations  made  by  it,  or 
which  has  violated  neutrality,  to  enter  its  ports  or  roadsteads. 


Ill 

=11 


Article  10^ 

The  neutrality  of  a  Power  is  not  affected  by  the  mere  passage 
through  its  territorial  waters  of  war-ships  or  prizes  belonging  to 
belligerents. 

Article  IP 

A  neutral  Power  may  allow  belligerent  war-ships  to  employ  its 
licensed  pilots. 

Article  12^ 

In  the  absence  of  special  provisions  to  the  contrary  in  the  legisla- 
tion of  a  neutral  Power,  belligerent  war-ships  are  not  permitted  to 
remain  in  the  ports,  roadsteads,  or  territorial  waters  of  the  said  Power 


Pashms 
IhrcpuKli 
ncvilral 
\\atrrs 


Pii  t». 


Tciiip'Tary 
Slav  in  ports. 


'See  the  declaration  of  Turkey  as  to  the  Dardanelles  and  Bospliorus.  tost, 
p.  219. 

^Germ;  r.y  made  reservation  of  .\rticle  11. 

■■The  Dominican  kcpubiic,  Germany,  Persia  and  Siam  made  reservation  of 
Article  12. 


m 


..  ^ -■''?* 


212 


CONVENTION  XIII  OF  1907 


Itcpirturc  of 
war-ihii«  an 
CUthrrak  mI 
liutlilitict. 


Dclrnllnn  lijr 
rrmann  of 
dtinagc,  rtc. 


VeueU 

ITrmitted 
to  remain. 


Nfaximtim  of 
war-nhipt 
itlowed 
in  ports. 


for  more  tnan  twenty-four  hours,  except  in  the  cases  covered  by  the 

present  Convention. 

Article  13' 

If  a  Power  which  has  been  informed  of  the  outbreak  of  hostilities 
learns  that  a  bclhgercnt  war-ship  is  in  one  of  .>s  ports  or  roadsteads, 
or  in  its  territorial  waters,  it  must  notify  the  said  ship  to  depart 
within    twenty-four    hours    or    within  the  time  prescribed    by    local 

regulations. 

Akticle  14 

A  belligerent  war-ship  may  not  prolong  its  stay  in  a  neutral  port 
beyond  the  permissible  time  except  on  account  of  damage  or  stress  of 
weather.     It  must  d.-part  as  soon  as  the  cause  of  the  delay  is  at  an 

end. 

The  regulations  as  to  the  question  of  the  length  of  time  which 
these  vessels  may  remain  in  neutral  ports,  roadsteads,  or  waters,  do 
not  apply  to  war-ships  devoted  exclusively  to  religious,  scientific,  or 
philanthropic  purposes.' 

Article  15 

In  the  absence  of  special  provisions  to  the  contra'  in  the  legisla- 
tion of  a  neutral  Power,  the  maximum  number  of  war-ships  belong- 
ing to  a  belli-ercnt  which  may  be  in  one  of  the  ports  or  roadsteads  of 
that  Power  simultaneously  shall  be  three. 


Departure 
of  war  ihi^ 
of  both 
bclligcrenti. 


Order  of 
departure. 


Allowance  to 
merchant  ahips. 


Article  16 

When  war-ships  belonging  to  both  belligerents  are  present  simul- 
taneously in  a  neutral  port  or  roadstead,  a  period  of  not  less  than 
twenty-four  hours  must  elapse  between  the  departure  of  the  ship 
belonging  to  one  belligerem  and  the  departure  of  the  ship  belongmg 

to  the  other. 

The  order  of  departure  is  determined  by  the  order  of  arrival, 
unless  the  ship  which  arrived  first  is  so  circumstanced  that  an  exten- 
sion of  its  stay  is  permissible. 

A  belligerent  war-ship  may  not  leave  a  neutral  port  or  roadstead 
until  twenty-four  hours  after  the  departure  of  a  merchant  ship  flying 
the  flag  of  its  adversary. 


•Germany  made  reservation  of  Article  13. 
»China  made  reservation  of  this  paragraph. 


'.v--v'9: 


rTiar    i,T^3:'o:^jj  »-is:3» 


y^^it. 


1 


NEUTRAL  POWERS  IN  NAVAL  WAR 


213 


I 


Article  17 

In  iiciifral  (lorts  ami  roadsteads  licUigerctit  war-ships  may  only  carry   "/.I'i^ej 
out  Midi  rt'iKiirs  as  arc  ahsoiutcly  necessary  to  rindcr  tlicni  seaworiliy,  «"  •'"i* 
and  may  not  add  in  any  maniRT  wtiatsocver  to  their  fifjhting  force. 
I'he    local    aiithoniies   of    the    neutral    Power    s.hall    decide    what    re- 
|)alr^  are  necessary,  and  these  mu>t  be  carried  out  with  the  least  possible 
delay. 

Akticle  18 

Relligcreiit    war-ships   may   not   make   use  of   neutral    ports,   road-  ,",'','•" '("''"by*' 
steads,  or  territorial  waters  for  replenishing  or  incieasintj  their  sup-  "oVbiddltn. 
plies   of    war   material   or  their   armament,  or   for  completing  their 
crews. 

Article  19' 

Belligerent  war-ships  may  only  revictnal  in  neutral  ports  or  road-  "//nni'i' *<!'.'''' 
steads  to  bring  up  their  supplies  to  the  peace  standard. 

Similarly  these  vessels  may  only  ship  sufficient  fuel  to  enable  them 
to  reach  the  nearest  port  in  their  own  country.  They  may,  on  the 
other  hand,  fill  up  their  bunkers  built  to  carry  fuel,  when  i;  neutral 
countries  which  have  adopted  this  method  of  determining  the  amount 
of  fuel  to  be  supplied. 

If,  in  accordance  with  the  law  of  the  neutral  Power,  the  ships  are  Jj^,',,'^' 
not  supplied  with  coal  within  twenty-four  hours  of  their  arrival,  the 
permissible  duration  of  their  stay  is  extended  bv  twenty-four  hours. 


Fuel. 


'*  L 

^1 


Article  20' 

Belligerent  war-ships  which  have  shipped  fuel  in  a  port  belonging  ."^.rr'ecuaiing. 
to   a   neutral    Power  may   not   within   the   succeeding   three   months 
replenish  their  supply  in  a  port  of  the  same  Power. 


Article  21' 

A  prize  may  only  be  brought  into  a  neutral  port  on  account  of  unsea- 
worthiness, stress  of  weather,  or  want  of  fuel  or  provisions. 

It  must  leave  as  soon  as  the  circumstances  which  justified  its  entry 
are  at  an  end.  If  it  does  not,  the  neutral  Power  must  order  it  to 
leave  at  once ;  should  it  fail  to  obey,  the  neutral  Power  must  employ 
the  means  at  its  disposal  to  release  it  with  its  officers  and  crew  and 
to  i.    ,rn  the  prize  crew. 


When  rrizet 
may  c mer 
neutral  ;iortt. 

Duration 
of  stay. 


'China.  Great  Britain,  Japan.  Persia  and  Siam  made  reservation  of  Article  19. 
•Germany  made  reservation  of  .Article  20. 
'Persia  made  reservation  of  Article  21. 


214 


CONVENTION  XIII  OF  1907 


Release 
of  prizes. 


Scquc-tratii'i 
uf  iTizes. 


Prize  crews. 


Detention  of 

war-ships 
rc'nswiR 
to  leave. 


Offii-rrs 
and  crt^w. 


Disposition. 


Officers 
paroled. 


Surveillance  by 
neutral  Towers. 


Article  22 

A  neutral  Power  must,  similarly,  release  a  prize  brought  into  one 
of   its   ports  under  circumstance's   other  than   those   referred   to    in 

Article  21. 

Article  23' 

A  neutral  Power  may  allow  prizes  to  enter  its  ports  and  roadsteads, 
whether  under  convoy  or  not.  when  they  are  brought  there  to  be 
sequestrated  pending  the  decision  of  a  Prize  Court.  It  may  have  the 
prize  taken  to  another  of  its  ports. 

If  the  prize  is  convoyed  by  a  war-ship,  the  prize  crew  may  go  on 
board  the  convoying  ship. 

If  the  prize  is  not  under  convoy,  the  prize  crew  are  left  at  liberty. 

Article  24 

If.  notwithstanding  the  notification  of  the  neutral  Power,  a  bel- 
ligerent ship  of  war  does  not  leave  a  port  where  it  is  not  entitled  to 
remain,  the  neutral  Power  is  entitled  to  take  such  measures  as  it  co. 
siders  necessary  to  render  the  ship  incapable  ui  taking  the  sea  during 
the  war.  and  the  commanding  officer  of  the  ship  must  facilitate  the 
execution  of  such  measures. 

When  a  belligerent  ship  is  detained  by  a  neutral  Power,  the  ofti- 
cers  and  crew  are  likewise  detained. 

The  officers  and  crew  thus  detained  may  be  left  m  the  ship  or 
kept  either  on  another  vessel  or  on  land,  and  may  be  subjected  to  the 
measures  of  restriction  which  it  may  appear  necessary  to  impose 
upon  them.  A  sufficient  number  of  men  for  looking  after  the  vessel 
must,  however,  be  always  left  on  board. 

The  officers  may  be  left  at  liberty  on  giving  their  word  not  to  quit 
the  neutral  territory  without  permission. 

Article  25 
\    neutral    Power    is   bound    to    exercise    such  surveillance  as  the 
means  at  its  disposal  allow  to  prevent  any  violation  of  the  provisions 
of  the  above  articles  occurring  in  its  ports  or  roadsteads  or  m  it» 
waters. 

"reservations  a<  to  this  article  were  made  by  Great  Britain,  Japan,  Siam  and 
the  United  States. 


^i^ 


NEUTRAL  POWERS  IN  NAVAL  WAR 


215 


Article  26 

The  exercise  by  a  neutral  Power  of  the  rights  laid  down  in  the 
present  Convention  can  under  no  circumstances  be  considered  as  an 
unfriendly  act  by  one  or  other  belligerent  who  has  accepted  the  articles 
relating  thereto. 

Article  27^ 

The  contracting  Powers  shall  communicate  to  each  other  in  due 
course  all  laws,  proclamations,  and  other  enactments  regidating  in 
their  respective  countries  the  status  of  belligerent  war-ships  in  their 
ports  and  waters,  by  means  of  a  communication  addressed  to  the  Gov- 
ernment of  the  Netherlands,  and  forwarded  immediately  by  that  Gov- 
ernment to  the  other  contracting  Powers. 


Fxercise  <  f 
neutral  rights 
n"t  an  un- 
friendly act. 


Promulgation 
of  laws,  etc., 
in   force. 


Article  28 

The  provisions  of  the  present  Convention  do  not  apply  except  be-  r,"J^"'*'^''"* 
tween  contracting  Powers,  and  then  only  if  all  the  belligerents  are  par-  "niy  aifected. 
ties  to  the  Convention. 


Article  29 

The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proccs-verbal 
signed  by  the  representatives  of  the  Powers  which  take  part  therein 
and  by  the  Netherland  Minister  for  Foreign  Affairs. 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means  of 
a  written  notification  addressed  to  the  Netherland  Government  and 
accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  pi-occs-zrrbal  relative  to  the  first  de- 
posit of  ratifications,  of  the  ratifications  mentioned  in  the  preceding 
paragraph,  as  well  as  of  the  instruments  of  ratification,  shall  be  at 
once  sent  by  the  Netherland  Government,  through  the  diplomatic 
channel,  to  the  Powers  invited  to  the  Second  Peace  Conference,  as 
well  as  to  the  other  Powers  which  have  adhered  to  the  Convention. 
In  the  cases  contemplated  in  the  preceding  paragraph,  the  said  Gov- 
ernment shall  inform  them  at  the  same  time  of  the  date  on  which  it 
received  the  notification. 


'China  made  reservation  of  this  article. 


Ratification. 

Deposit  at 
The  Hague. 


Certified  copies 
to  I'owcrs. 


m:\ 


216 


CONVENTION  XIII  OF  1907 


Adhefcion  ol 
non-signatory 
Powers. 
Notification 
of  intent. 


Communication 
tu  uthtrr 
I'owers. 


Effect  of 
ratification. 


L>eiiunLiatit.n. 


Notifvinp 
Power  only 
affected. 


Kcgistet. 


Ileppsit 
of  original. 


Article  30 

Non-signatory  Powers  may  adhere  to  the  present  Convention. 

The  Power  which  desires  to  adhere  notifies  in  writing  its  inten- 
tion to  the  Netherland  Government,  forwarding  to  it  the  act  of  adhe- 
sion, which  shall  be  deposited  in  the  archives  of  the  said  Government. 

That  Government  shall  at  once  transmit  to  all  the  other  Powers  a 
duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhesion, 
mentioning  the  date  on  whicii  it  received  the  notification. 

Article  31 

The  present  Convention  shall  come  into  force  in  the  case  of  the 
Powers  which  were  a  party  to  the  first  deposit  of  the  ratifications, 
sixty  days  after  the  date  of  the  procks-verbd  of  that  deposit,  and,  m 
the  case  of  the  Powers  who  ratify  subsequently  or  who  adhere,  sixty 
days  after  the  notification  of  their  ratification  or  of  their  decision 
has  been  received  by  the  Netherland  Government. 

Article  32 

In  the  event  of  one  of  the  contracting  Powers  wishing  to  denounce 
the  present  Convention,  the  denunciation  shall  be  notified  in  wntmg 
to  the  Netherland  Government,  who  shall  at  once  comn.a-.ucate  a  duly 
certified  copy  of  the  notification  to  all  the  other  Powers,  mformmg 
them  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  not;fymg 
Power,  and  one  year  after  the  notification  has  been  made  to  the  Nether- 
land Government. 

Article  33 

A  register  kept  by  the  Netherland  Ministry  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit  of  ratifications  made  by  Article  29 
paragraphs  3  and  4.  as  well  as  the  date  on  which  the  notifications  of 
adhesion  (Article  30,  paragraph  2)  or  of  denunciation  (Article  3^, 
paragraph  1 )  have  been  received.  ...  . 

Each  contracting  Power  is  entitled  to  have  access  to  this  register  and 
to  be  supplied  with  dulv  certified  extracts. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907.  in  a  single  copy,  which 


^•rvaB'r 


NEUTRAL  POWERS  IN  NAVAL  WAR 


217 


shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  shall  be  sent,  through  the  diplo- 
matic channel,  to  the  Powers  which  have  been  invited  to  the  Second 
Peace  Conference. 

[Here  follow  signatures.] 


Certififd  copies 
tu  Poweri. 


i    ) 


ill 


; 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following  signatory 
Powers  on  the  datei  indicated: 

Austria-Hungary November  27,  1909 

Belgium August  8,  1910 

Brazil January  5,  1914 

Denmark November  27,  1909 

France October  7,  1910 

Germany November  27,  1909 

Guatemala March  15,  191 1 

Haiti February  2,  1910 

Japan December  13,  1911 

Luxemburg September  5,  1912 

Mexico November  27,  1909 

Netherlands November  27,  1909 

Norway Sej  tember  19,  1910 

Panama September  11,  1911 

Portugal April  13,  1911 

Roumania March  1,  1912 

Russia November  27,  1909 

Salvador November  27,  1909 

Siam March  12,  1910 

Sweden November  27,  1909 

Switzerland May  12,  1910 

Adhesions: 

China January  13,  1910 

Liberia February  4,  1914 

Nicaragua December  16,  1909 

United  States December  3.  1909 


^^^M^mSBSOK^^^^imR-    J^aec 


.1.-,-    i 


218 


CONVENTION  XIII  OF  1907 


The    following   Powers   signed   the   Con\ention   but   have   not  yet 
ratified : 

Argentine  Republic  Italy 

Bolivia  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Pltu 

Dominican  Republic  Serbia 

Ecuador  Turkey 

Great  Britain  Uruguay 

Greece  X'enezuela 

Resen-ntions^ 
China 

Adhesion  with  reservation  of  paragraph  2  of  Article  14,  para- 
graph 3  of  Article  19,  and  of  Article  27. 

Dominican  Republic 

With  reservation  regarding  Article  12. 

Germany 

Under  reservation  of  Articles  11,  12,  13  and  20.' 

Great  Britain 

Under  reservation  of  Articles  19  and  23. 

Japan 

With  reservation  of  Articles  19  and  23.' 

Persia 

Under  reservation  of  Articles  12,  19  and  21. 

Siam 

Under  reservation  of  Articles  12,  19  and  23.= 

Turkey 

Under  reservation  of  the  declaration  concerning  Article  10 
contained  in  the  proccs-vcrbal  of  the  eighth  plenary  session 
of  the  Conference  held  on  October  9,  1907. 


'All  these  reservations,  except  those  of  China  and  the  United  Sutes,  were 
made  at  siRnature  . 

'Reservation  maintained  at  ratification. 


NEUTRAL  POWERS  IN  NAVAL  WAR 


219 


yip 

h'. 


Extract  from  the  proccs-verbal: 

The  Ottoman  delegation  declares  that  the  straits  of  the  Dar- 
danelles and  the  Bosphorus  can  not  in  any  case  be  referred  to  by 
Article  10.  The  Imperial  Government  could  undertake  no  en- 
gagenioiit  whatever  tending  to  limit  its  undoubted  rights  over 
these  straits.* 

United  States 

The  act  of  adhesion  contains  the  following  reservation : 

That  the  United  States  adheres  to  the  said  Conveiition,  sub- 
ject to  the  reservation  and  exclusion  of  its  Article  23  and  with 
the  understanding  that  the  last  clause  of  .Article  3  thereof  implies 
the  duty  of  a  neutral  Power  to  make  the  demand  therein  men- 
tioned for  the  return  of  a  ship  captured  within  the  neutral 
jurisdiction  and  no  longer  within  that  jurisdiction. 


4 


"Statement  of  Turkhan  Pasha.    Actes  et  documents,  vol.  i,  p.  285. 


.■■'?.:• 


NM^^t^^-IK^  ""Tfe^ 


'•mi^iM?^:-  m^^: 


THE  HAGUE  DECLARATIONS  OF  1899  (IV,  1)  AND  1907  (XIV) 

PROHIBITING  THE  DISCHARGE  OF  PROJECTILES 

AND  EXPLOSIVES  FROM  BALLOONS 


Intfrrational 
Ucclaration. 


Launching 

pruji-ctiics 
from  haltoons, 
etc.,  tirohibited. 


1899 

Declaration  (IV,  1)  to  pro- 
hibit for  the  term  of  five  years 
the  launching  of  projectiles  and 
explosives  from  balloons,  and 
other  new  methods  of  a  similar 
nature.— Signed  at  The  Hague, 
July  29,  1899. 

The  undersigned,  plenipotentia- 
ries of  the  Powers  represented  at 
the  International  Peace  Confer- 
ence at  The  Hague,  duly  author- 
ized to  that  effect  by  their  Govern- 
ments, inspired  by  the  sentiments 
which  found  expression  in  the 
Declaration  of  St.  Petersburg  of 
the  39th  November  (11th  Decem- 
ber), 1868. 


Declare  that : 

The  contracting  Powers  agree 
to  prohibit,  for  a  term  of  five 
years,  the  launching  of  projectiles 
and  explosives  from  balloons,  or 
by  other  new  methods  of  similar 
nature. 


1907 

Declaration  (XIV)  prohibiting 
the  discharge  of  projectiles  and 
explosives  from  balloons. — 
Signed  at  The  Hague,  October 
18,  1907.> 


The  undersigned,  plenipotentia- 
ries of  the  Powers  iitfited  to  the 
Second  International  Peace  Con- 
ference at  The  Hague,  duly  au- 
thorized to  that  effect  by  their 
Governments,  inspired  by  the 
sentiments  which  found  expres- 
sion in  the  Declaration  of  St. 
Petersburg  of  the  29th  November 
(11th  December),  1868,  and  being 
desirous  of  rcnezi'ing  the  declara- 
tion of  The  Hague  of  the  2gth 
July,  1899,  which  has  nozv  ex- 
pired. 

Declare : 

The  contracting  Powers  agree 
to  prohibit,  for  a  period  extend- 
ing to  the  close  of  the  Third  Peace 
Conference,  the  discharge  of  pro- 
jectiles and  explosives  from  bal- 
loons or  by  other  new  methods  of 
a  similar  nature. 


•Italics  indicate  differences  between  the  Declarations  of  1899  and  1907, 


DECLARATIONS  ON  PROJECTILES  FROM  BALLOONS         221 


1899 

The  present  Declaration  is  only 
binding  on  the  contracting  Powers 
in  case  of  war  between  two  or 
more  of  them. 

It  shall  cease  to  be  binding  from 
the  time  when,  in  a  war  between 
the  contracting  Powers,  one  of  the 
belligerents  is  joined  by    a    no 
contracting  Power. 

The  present  Declaration  shall  be 
ratified  as  soon  as  possible. 

The  ratifications  shall  be  de- 
posited at  The  Hague. 

A  proces-verbal  shall  be  drawn 
up  on  the  receipt  of  each  ratifica- 
tion, of  which  a  copy,  duly  certi- 
fied, shall  be  sent  through  the 
diplomatic  channel  to  all  the  con- 
tracting Powers. 

The  non-signatory  Powers  may 
adhere  to  the  present  Declaration. 
For  this  purpose  they  must  make 
their  adhesion  known  to  the  con- 
tracting Powers  by  means  of  a 
written  notification  addressed  to 
the  Netherland  Government,  and 
communicated  by  it  to  all  the  other 
contracting  Powers. 

In  the  event  of  one  of  the  high 
contracting  Parties  denouncing 
the  present  Declaration,  such  de- 
nunciation shall  not  take  effect 
until  a  year  after  the  notification 
made  in  w-riting  to  the  Netherland 
Government,  and  by  it  forthwith 
communicated  to  all  the  other 
contracting  Powers. 

This  denunciation  shall  only 
affect  the  notifying  Power. 


1907 

The  present  Declaration  is  only 
binding  on  the  contracting  Powers 
in  case  of  war  between  two  or 
more  of  them. 

It  shall  cease  to  be  binding  from 
the  time  when,  in  a  war  between 
tl;j  contracting  Powers,  one  of  the 
belligerents  is  joined  by  a  non- 
contracting  Power. 

The  present  Declaration  shall  be 
ratified  as  soon  as  possible. 

The  ratifications  shall  be  de- 
posited at  The  Hague. 

A  proces-verbal  shall  be  drawn 
up  recording  the  receipt  of  the 
ratifications,  of  which  a  duly 
certified  copy  shall  be  sent, 
through  the  diplomatic  channel, 
to  all  the  contracting  Powers. 

Xon-signatory  Powers  may  ad- 
here to  the  present  Declaration. 
To  do  so.  they  must  make  known 
their  adhesion  to  the  contracting 
Powers  by  mea  of  a  written  no- 
tification, addrt-sed  to  the  Neth- 
erland Government,  and  com- 
municated by  it  to  all  the  other 
contracting  Powers. 

In  the  event  of  one  of  the  high 
contracting  Parties  denouncing 
the  present  Declaration,  such  de- 
nunciation shall  not  take  effect 
until  a  year  after  the  notification 
made  in  writing  to  the  ^Jetherland 
Government,  and  forthwith  com- 
municated by  it  to  all  the  other 
contracting  Powers. 

This  denunciation  shall  only 
have  eflfect  in  regard  to  the  noti- 
fvine  Power. 


Powers  bound. 


Exemption. 


Ratificttion. 


Oeposit  at 
The  llagucr. 

Certified  -    ]  k-s 
lo  I'uwei  - 


Adliesinn  r1 

nnn-lipnatory 

I'nw?rs. 


nenunciation. 


I 


N'.uifying 
only  affected. 


»rf'-Iltoi»v-afl^'. 


^'j-^^xam^mmF.^^ 


222         Di-CLARATIONSON  PROJL-CTILES  FROM  RAU.OONS 


Signing. 


Deposit 
of  original. 


1899 

In  faith  of  which  the  plenipo- 
tentiaries have  signed  the  present 
!  )eclaration,  and  affixed  their  seals 
thereto. 

Done  at  The  Hague,  the  29th 
July,  1899,  in  a  single  copy,  which 
shall  be  kept  in  the  archives  of  the 
Xetherland  Government,  and  of 
which  copies,  duly  certified,  shall 
be  sent  through  the  diplomatic 
channel  to  the  contracting  Powers. 

[Here  follow  signatures.] 


1907 

In  faith  whereof  the  plenipo- 
tentiaries have  appended  their 
suj)iatures  to  the  present  Declara- 
tion. 

Done  at  The  Hague,  tlie  i8th 
October,  1907,  in  a  single  copy, 
which  shall  remain  deposited  in 
the  archives  of  the  Netherland 
Government,  and  duly  certified 
copies  of  which  shall  be  sent, 
through  the  diplomatic  channel, 
to  the  contracting  Powers. 

[Here  follow  signatures.] 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

T!;e   1899  Declaration  was   ratified    by    the    following    signatory 
Powers  on  the  dates  indicated : 

Austria-Hungary September  4,  1900 

Belgium September  4,  1900 

Bulgaria September  4,  1900 

China November  21,  1904 

Denmark September  4,  1900 

France September  4,  1900 

Germany September  4,  1900 

Greece April  4,  1901 

Italy September  4,  1900 

Japan October  6,  1900 

Luxemburg July  12,  1901 

Mexico April  17,  1901 

Montenegro October  16,  1900 

Netherlands September  4,  1900 

.\orway (See  Sweden  and  Norway.) 

Persia September  4,  1900 

Portugal Septimber  4,  1900 

Roumania September  4,  1900 

Russia September  4,  1900 


i»;•tJSi^•^^-. '  !^.  «x>;f<«v?K-ii.;  '. 


DECLARATIflNS  ON  I'ROJIXTIIIS  FROM  HAl.LOijNS         223 

Serbia   May   11,  1901 

Siam September  4,  1900 

Spain September  4,  1900 

Sweden  and  Norway September,  4,  1900 

Switzerland December  29,  1900 

United  States   September  4,  1900 

Adhesions:  none. 


Power  which  signed  but  did  not  ratify:  Turkey. 


Resen'ations:  none. 


The   1907   Declaration    was    ratified   by    the    following  signatory 
Powers  on  the  dates  indicated : 

Belgium August  8,  1910 

Bolivia November  27,  1909 

Brazil January  5,  1914 

China November  27,  1909 

Great   Britain November  27,  1909 

Haiti February  2,  1910 

Luxemburg September  5,  1912 

Netherlands November  27,  1909 

Norway September  19,  1910 

Panama September  11,  191 1 

Portugal April  13,  1911 

Salvador November  27,  1909 

Siam March  12,  1910 

Switzerland May  12,  1910 

United   States November  27,  1909 

Adhesions: 

Liberia February  4.  1914 

Nicaragua December  16.  1909 


't' 


m 


224       DECLARATIONS  ON  PROJECTILES  FROM  BALLOONS 

The   following   Powers  signed  the   Declaration  but   have   not  yet 
ratified : 

Argentine  Republic  Ecuador 

Austria-Hungary  Greece 

Bulgaria  Persia 

Colombia  I't-ru 

Cuba  Turkey 

Dominican  Republic  Uruguay 


Reservations:  none. 


:iffiu>.L 


:S-^l!«iMS 


DECLARATION  (IV,  2)  CONCERNINQ  ASPHYXIATING  GASES 

Signed  at  The  Hague,  July  29,  1899 

Tlie  iiiulersigned,  plenipotentiaries  of  the  Powers  represented  at  the 
International  I'eacc  Conference  at  The  Hague,  duly  authorized  to  that 
effect  by  their  Governments,  inspired  by  the  sentiments  which  found 
expression  in  the  Declaration  of  St.  Petersburg  of  tlu  J9th  N'uvember 
(11th  December),  1868. 

Declare  as  fellows: 

The  contracting  F'owers  agree  to  abstain  from  the  use  of  projectiles 
the  sole  object  of  which  is  the  dilYusion  of  asphyxiating  or  deleterious 
gases. 

The  present  Declaration  is  only  bindinj  mi  the  contracting  Powers 
in  the  case  of  a  war  between  two  or  more  of  them. 

It  shall  cease  to  be  bin-  ng  from  the  time  when,  in  a  war  between 
the  contracting  Powers,  une  of  the  belligerents  shall  be  joined  by  a 
non-contracting  Power. 

The  present  Dcclar  'ion  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

A  procts-rerbiU  shall  be  drawn  up  on  the  receipt  of  each  ratifica- 
tion, a  copy  of  which,  duly  certified,  shall  be  sent  through  the  diplo- 
matic channel  to  all  the  contracting  Powers. 

The  non-signatory  Powers  can  adhere  to  the  present  Declaration. 
For  this  purpose  they  must  make  their  adhesion  known  to  the  con- 
tracting Powers  by  means  of  written  notification  addressed  to  the 
Netherland  riovernment,  and  by  it  communicated  to  all  the  other  con- 
tracting Powers. 

In  the  <\ent  of  one  of  the  high  contracting  Parties  denouncing 
the  present  Declaration  such  denunciation  shall  not  take  eflfect  until 
a  year  after  the  iiotificaion  made  in  writing  to  the  Government  of  the 
Netherlands,  and  f  -thwith  communicated  by  it  to  all  the  other  con- 
tracting Powers. 

This  denunciation  shall  only  affect  the  notifying  Power. 


nl.lf. 


Alt'.t*  nfinii  fr'>m 
use  ipf  rrojccttlcH 


Ualirn.ilii.n. 

Iiri'nsil  .It 
Till-  ll.iKuc. 
Ni.tifH.Tlinn 
t.>    I'l.wi  r--. 


i  J[  iniru  !.if  ion 


i 


tnly    affectcH. 


•  ihj  ■Mfi'^tm 


t    %' 

1  ? 


226  DliCLAUATION  Ol    1899  ON  ASPHYXIATING  GASES 

In  faitli  of  which  the  plenipotentiaries  have  signed  the  present 
Declaration,  aiul  affixed  their  seals  thereto. 

Done  at  The  Hague,  the  i')th  July,  1899.  in  a  single  copy,  which  shall 
be  kept  in  the  archives  of  the  Netherland  Government,  and  copies  of 
rr,.ifiH.o,.i«  which,  duly  certified,  shall  be  sent  by  the  diploni.itic  channel  to  the 
contracting  Powers. 

(Here  follow  signatures.] 


Signini 


Drpnmi  111 
original- 


RATIFICATIONS.  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Declaration  was  ratified  by  all  the  signatory  Powers 
on  the  dates  indicated  : 

Austria-Hungary September  4,  1900 

Belgium September  4,  1900 

P.nlgaria Septcmt)er  4,  1900 

(_jii„a November  21.  1904 

Denmark September  4.  1900 

Pr;j„ce September  4,  1900 

C.ermany September  4,  1900 

Greece AP"1  4.  1901 

l{.,ly  September  4,  1900 

jJ,,P       ..'......... October  6,  1900 

Luxemburg Ju'X  12,  1901 

^f...ico April  17,  1901 

Montenegro October  16.  1900 

Netherlands September  4,  1900 

Norway (See  Sweden  and  Norway. ) 

Persia'. September  4,  1900 

Portugal September  4,  1900 

Roumania September  4.  1900 

Russia September  4.  1900 

Serbia   M^^V  l'-  1^01 

Siaj„ September  4.  1900 

Sjwin September  4.   1900 

Sweden  and  Norw.iv September  4,   1900 

Switzerland December  29,  1900 

Turkey J""^  12,  1907 

Adlicsions: 

Great  Britain August  30.  190/ 

Nicaragtia October  11,  1907 

Reservations:  none. 


^i^yiui^i^'i 


•m: 


DECLARATION  (IV,  3)  CONCERNINQ  EXPANDING  BULLETS 
Signed  at  The  Hague,  July  29,  1899 

undersigned,  plenipotentiaries  of  the  Powers  represented  at  the  I'runii.if 
■ace  Conference  at  The  Hague,  duly  authorized  to  that 
overnments,  inspired  by  the  sentiments  whiclj  found 
i    Declaration  of  St.  Petersburg  of  the  29th  November 
r      1868, 

.  .g  Parties  agree  to  abstain  from  the  use  of  bullets  Ahjitnimn  rr.m 
ilatten  easily  in  the  human  body,  such  as  bullets  with  '"«  i^ii'tis. 
which  dots  not  entirely  cover  the  core  or  is  pierced 


itc-na 

ti 

I 

( ;    I 

.      . 

•"■ 

^.-xp 

C.>i 

.".  li 

• 

(M 

K-rci. 

'; 

i  ' 

■ 

t''  as 

f 

'f 

,._ 

*  ■ 

11" 

."  '.  pif.-.cn  Declaration  is  only  binding  for  the  contracting  Powers 
«.  r  '-c  ._,,  a  war  between  two  or  more  of  them. 

It  shall  cease  to  be  binding  from  the  time  when,  in  a  war  between 
the  contracting  Powers,  one  of  the  belligerents  is  joined  by  a 
non-contracting  Power. 

The  present  Declaration  shall  be  ratified  as  soon  as  possible. 

The  ratification  shall  be  deposited  at  The  Hague. 

A  procts-i'erhal  shall  be  drawn  up  on  the  receipt  of  each  ratifica- 
tion, a  cojjy  of  which,  duly  certified,  shall  be  sent  through  the  diplo- 
matic channel  to  all  the  contracting  Powers. 

The  non-signatory  Powers  may  adhere  to  the  present  Declaration. 
For  this  purpose  they  must  make  their  adhesion  known  to  the  con- 
tracting Powers  by  means  of  a  written  notification  addressed  to  the 
Netherland  Government,  and  by  it  CDmiimnicated  to  all  the  other  con- 
tracting Powers. 

In  the  event  of  c  of  the  high  contracting  Parties  denoimcing 
the  present  Declaration,  such  denunciation  shall  not  take  effect  until 
a  year  after  the  notification  made  in  writing  to  the  Xctherland  Govern- 
ment, and  forthwith  communicated  by  it  to  nil  the  other  contracting 
Powers. 

This  denunciation  shall  onlv  affect  the  notifving  Power. 


Pi>wfr«  bottf.-l 


txctnptitm 


Rahfivaiiun. 
I'>-|i,,i!lt  at 

'Mil-  I  l.lKur 
N'oIi!ica!ii-ii 


.Adhesion. 


I>enunctation. 


Ni>tifvin)?  I'l  wrr 
ciily  atTrctc'i. 


"•iti 


1 


Signing. 


I>rpO!»it  of 
oriRinal. 


Ortiricfl  copic"* 
to   IVwcrs. 


228  DECLARATION  OF  1899  ON  EXPANDING  BULLETS 

In  faith  of  which  the  pL..ipotentiaries  have  signed  the  present 
Declaration,  and  have  affixed  their  seals  thereto. 

Done  at  The  Hague,  the  29th  July,  1899,  in  a  single  copy,  which  shall 
be  kept  in  the  archives  of  the  Netherland  Government,  and  of  which 
copies,  duly  certified,  shall  be  sent  through  the  diplomatic  channel  to 
the  contracting  Powers. 

(Here  follow  signatures.] 


RATIFICATIONS.  ADHESIONS   AND    RESERVATIONS 

The  foregoing  Declaration  was  ratified  by  all  the  signatory  Powers 
on  the  dates  indicated: 

Austria-Hungary September  4,  1900 

Belgium September  4,  1900 

Bulgaria September  4,  1900 

(;hi„a November  21,  1904 

Denmark September  4,  1900 

Prance September  4,   1900 

Germany September  4,  1900 

(_-reecc ^P"!  4,  1901 

jta]y September  4,  1900 

j^p.jn October  6,  1900 

Luxemburg J"')'  12.  1901 

Mexico April  17,  1901 

Montenegro October  16,  1900 

Xellurlands September  4,  1900 

Norway *  ^^^  Sweden  and  Norway.) 

p^.r,i,^ ScptemluT  4,  1900 

Roumania September  4,  1900 

j^j,5;5Ja  September  4.  1900 

^^rhui'^. '.'.'.  ^. '.'.'.'.''.''. May   U,  1901 

^[^jr^ September  4.  1900 

c^p^in September  4,  1900 

Sweden  and  Norway September  4,   1900 

Switzerland December  29,  1900 

Turkey J""^  12,  1907 

Ad  lesions: 

Great  Britain August  30,  1907 

Nicaragxia October  11.  1907 

Portugal August  29,  1907 

Rrscn'atiotts:  none. 


>^»»pw»,HMMijiMwiwri)^iwiiM^iii'iiMim Miff » 'Bagaygp^  IW  llf  I  ■IIBil 


■41 

ml 


SUMMARY 


OF  THE 


SIGNATURES,     RATIFICATIONS,    ADHESIONS 
AND  RESERVATIONS 


TO    THE 


CONVEN  riONS  AND  DECLARATIONS  OF  THE 
FIRST  CONFERENCE 


y 


\l 


ii 


230 


CONVKNTIONS  AND  DECLARATIONS  OF  18W 


Abbreviations 

Rat. — ratififd. 
Adh."  adlicreil 
Kes. — rt'vrrvaii"n. 


ComKn* 

tion  for 
I  he  pa- 
cific aet- 
tlcmnl 
(if  inter- 
nal ional 
disputei 


II 


III 


Conven- 

Conven- 

tion 

tion    for 

with 

the 

respect 

adapta- 

to the 

tion  to 

Uws 

mari- 

and 

tiiTie 

cuitoin* 

warfare 

of  war 

uf  the 

on  land 

prin- 

ciples uf 

the 

(ieneva 

Conven- 

tum 

1V(1)    ,    1V(2)       IV(3) 


Declara- 

Deciara- 

r>cc!ara-  1 

Fina 

tion 

lion  con- 

t.jn  con- 

Act 

prohibit- 

cfrning 

cerning 
eK|>and- 

ind  the 

asphyK- 

launch- 

lating 

ing  bul- 
leU 

ing  uf 

gases 

prujcc- 

tilcfi  or 

explo- 

sives 

from 

hailoons 

1 

Arcrntlnr   Bi-puHllr 

Adii      Junr     V      \W7 :    June     15,1 
|t)07.    as    til    ("..n%rr.tiiin    I. 

AiiMria-Monicitry       ; 

Kat,    Sciit.    -4,    1900 j 

Brdcium       

Kat,    Sept.    4.    1900        j 

Bollvl* 

A, 111.   I>b.   7.   1907,  June  15,  1907. 
a^   tn   (.oiivcntlun   I. 

Braill      

Ajh      I'fb,     25.     1907;     June     15.^ 
1907,    as    to    tVinvrnlion    1.  | 

BulK>rl>  

Kat.  Sept,  4,  1900 

Chile    

June     19.     1907.    June      13. 
as   til    (.'ntuentirn    1. 


Adh. 

S 

Rat. 
S 
Kat. 


Adh. 


A.lh 
IS..-- 

fblBB 

Ka- 


Kat, 
Adh. 


Nov,    ;i,    1904;    Adh.    June; 
1.      ■''07,  ! 

C'olomlilK     

Adh.  Jan,  30,  1907;  June  15, 
1907,  aa  til  Cunventiiin   1 

C'ohn       

Ad  June  15,  1907.  Ai.nl  17, 
1907.  and  June  29,  I9ii7.  as  to 
Conveniens  I,  II,  a. id  MI,  re 
Hiectively. 

Oennmrk     

Kat     Sept.    4,    1900 

llomlnU'sn    Kepnblle    

Adh  June  15,  1907.  .\pril  IJ. 
1907.  and  June  29.  I'lOT .  as  tu 
Conventions  I,  M  and  111  re- 
spettively. 

Ketliicltir       ,  .  . 

,\dh  July  .1,  1907,  July  il.  1907. 
and  ,\hk  =,  1907,  as  t..  Con- 
ventions I,  II.  and  !II,  re- 
gj.rttively. 

Krmir*     

Rat     Seit     4,    1900 

Germany  

Kat       -^r;!      ■■       'inO 


S 
Rat. 


Adh. 


Adh, 


.S 
Rat 


Adh. 


Adh, 


S 
Rat. 

S 
Rat 


Adh. 

!■;■ 
Rat 
Adi, 


Adh. 

.-tat, 
Kat. 
Adh. 


Rat 

S 

Rat 


S 

Rat. 
S 
Rat. 


b 

Rat. 
S 
Rat 


Adh. 


S 
Kat. 


,\dh. 


Adh. 


Adh. 


Adh. 


S 
Rat. 


Adh. 


Rat 


Adh, 


S 
Rat 


Rat 


Kat 


Rat. 


Adh. 


S 
Rat. 


Kat. 


Rat 


Adh. 


Adh. 


Hat 
,\dh 


Rat. 


Rat 


Kat 


S  S 

Kat. 


s 

S 

■    > 

S 

iS 

Rat. 

i;.it 

Kit 

K«t, 

S       res 

> 

Kat 

HaI. 

H*: 

Kat. 

^■m::mw^'^:-^'4 


CONVI'NTIONS  AND  bECLARATU^NS  OF  \»/9 


231 


Of 


Abbreviations 

Hat       raimcd. 
\dh    -aill'rrrd. 
Res. — rr-Trvation. 


.<lh.    Aug 


(irrmt    Britain 

Rat.    Srpt.    4,    1900 
30,  1907. 

Urerrc     

Rat.  Apr.  4,   1901.. 
Unatemal.' 

Adh.  June  15,  1907.  May  2,  1906,  i 
and  Apr.  6,  1'03.  as  to  Convenj 
tiona  I.  11.  and  III,  respectively   I 

Haiti    

Adh.    June    15.     1907,    May    24. 
1907.    and    Junr    J9,    1907.    as    to 
Conventions    I,    11,    and    III,    rt- | 
svectively.  • 

Honft«raH     

Adh.    Aug.   21,    190* j 

Italy     i 

Rat.    Sept.    4,    1900 

Japan     

Rat.    Oct.   6,   1900 i 

Korea     

Adh.  Mar.  r.  190J;  Feb.  7.^ 
1903.  as  to  (V'n\ention   III. 

l.aieniburic    

Rat,   July    12,    1901 

Mexico     

Rat,    Apr.    17,   1901 

Monten.i-gru    • 

Rat.   Oct.    16.   1900 

Nrtherlanili    

Rat     Sept,    4,    1900 

NIraragua    

Adh.  June  15,  1907.  as  to  Con- 
vrminn  I;  May  17,  1907.  as  to 
( -..nventions  II  and  III;  Oct.  11. 
1907.  as  t..  Dr  laratiiins  2  and  3. 
Norway  1 

kj!  >c,.l.  4.  1900;  July  5.  1907, 
t-   x->  Convention   II, 

i  anama     

Adh.  June  15,  1907.  July  20, 
1907,  and  liiv  2-'.  1907,  as  to 
Convention^  li,    and    111,   re- 

8',j^ctively 


Adh. 


Adh. 


S 
Rat. 


Rat. 


S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 


^ 

— 





' 

I 

II 

in    ' 

IV(1) 

1V(2) 

IV(3) 

1 

Con  V  en- 

I'. inven- 

Declara- 

perlara- 

lifilara- 

I'inal     ! 

tion   for 

iRin 

li.in  con- 

Act 

with 

the 

prohibit-   1 

cerning 

1  expand- 
'  iiiK  hul- 
;       lets 

cific  srt 

resi>ect 

adapta 

inB  the 

a-iphyn- 

tlenicnt 

to  Ihr 

tion  to 

launch 

latmn 

laws 

nian- 

inK  oi 

gases 

national 

and 

titnr 

projec- 

'iiPl'Utcs 

customs 
of  wa' 
on    lan<! 

\Aarfarc 

of  the 

prin- 

.  ipits  ot 

the 
'  leneva 
Conven- 
tion 

tiles  or 

SIVCS 

fr(>in 
balloons 

1 
1 
i 

i 
1 

s 

s 

S       res. 

S 

Rat. 

Rat 

Rat. 

Adh, 

A.lh 

S 

s 

S 

;;; 

S 
Ual 

Hat. 

,s 

Rat. 

Kat. 

Rat 

Adh. 


Rat. 


Adh. 


Adh 


Adh 


Adh. 

Rat. 

S 

Rat 

Adh. 

S 

Rat. 
S 
Rat 

Rat. 

S 
Rat 


Adh. 


Rat. 


Adh. 


Adh. 


Adh. 


I    Adh. 

S 

Rat. 
I     S 
i     Kat 

I    Adh. 

I    S 
Ret. 

I   s 
Rat. 

Rat. 

Rat 


S 

Rat 
S 
Rat 


s 

Kat. 

S 

Rat. 

Rat 

S 
K.-', 


Adh. 


S  S 

Rat  Rat. 


Kat. 

S 

Rat. 


S 
Kat. 

Rat 

S 
Rat. 

Rat 

,\dh. 


S 
Rat. 


Rat. 


Rat, 

Rat. 

S 
Rat, 

Kat 

Adh. 


Rat 


'See  ftu-.tn.  !'■ 


:ji^m 


232 


CONVKNTIDNS  AND  UtCLARATIONS  OF  1899 


Ahbrev  iations 

Kat. — ratified. 
V.lli— a.ll.ir.-.l. 
Kts. — resprvation. 


-  — 

—   - 

I 

II 

in    ! 

IV(l; 

IV(2) 

IV(3) 

Cnnvcn- 

G'nvcn- 

t'onvf!!-    ! 

Drciara-    | 

Drclari- 

i  >fi!ara- 

linsl 

lum  for 

r  1.  ti 

turn     l.tr   ; 

Hon 

tiun  con- 

:;     U  <.  nn- 

A.-. 

thf   pa- 

wiih 

liir 

ITiililtllt- 

lerning 

.  'Uiva 

citic  sff 

rrsi  *ct 

A(ta,>i.j-    ' 

mx  the 

d»l't  vx- 

(    V      aMl- 

tlcmcni 

l(.  the 

tiiin  '  . 

launcli- 

1. K 

iliK    i>ul 

uf  inter- 

taw> 

niaf  1- 

intl  of 

K»«» 

lets 

national 

and 

ttinr- 

prujec- 

dUi'iitcs 

I  ustutns 

t    *ar 

■n  laiHl 

-^;lrt.t^r 

i  rui- 
cii'lfsof 

(icnrva 

Ciinvrii 

titri  or 

rxi.Iu. 

sues 

from 

liatluons 

tion 

ParMKUuy 

Adh.    June    15,    1907.    April     U'.     A.ih. 

I90;.    and    June    J9,    1907.    ss    t.. 

Convcntiiris    I,    11.    ind    lli.    re 
sprctivcly. 
IVrHi»  "^ 

kat.    Sn.t.   4.   I'JOO Kat 

I'eru  

Adh,     N.n.     J4,     I'JlH;     lunr     15,      Adli. 

1907.  as  I"  C.invcmiiin   I. 
I'ortuvnl      ^ 

K.it      Si-;  t      -t.     I'^UO;     .Adh.     .\iiij      Kat. 

.'9.    1907. 
KoiinmniA     ^       f**** 

Kat      .-iept.    4.    1900 Kat    rr^ 

Kupolu     "" 

K.d.    >ppl.    4.    Ivo         Kat, 

Halviftilor     

\  Ih.     lunr    JO.     l'»n.       Jine    20.     .\dli. 

19(17.    as  t  1   Cunvcnti 'I!    !. 
Hrrhla 

Kii     May    II.    riitl  

KUm     ...       

Kat.    St-pt-    4.    19   i)          ... 
Kpttln      

Hat     Srpt     4.    1900 

Nwrdpnl      

K.lt     Srpt     4.    IQrO.    !  ;ly    -,    19117 

as    I*    i  ■.illvt'litl'in     II 
Hwlllrrlsnil      - 

Kat.     lire.     :9,     19nii,      \d'        lunr      H.v 

20.     1907 
Tlirkry ?* 

Kat.    June    12.    1907    

I'nitrit    Kimr* 

R.it     Srpi     4.   rifio.   Apr.   9.   1902,       Kat   i 

ai  til   C.inventiin    II. 

rmcufir  

Adh.     June     21.     190f..     June     1.7.;    .\.ili 
1907.    as   til  (  iinvention    I. 

Vanemu^lA     

Adh       Mar      1.     1907;     June     15 
1907,    as    to   t'onvrntion    I, 


Adh. 


Kat 
A.lh. 


k.ii 

Ki! 

Kat 


S        rrs. 

S 

Kat.  rts. 

1     Rai. 

s 

S 

l<..t 

Kat. 

^ 

S 

■*.iT 

Kat 

s 

.S 

Kat, 

Rat 

>       r« 
Kat 

S         !-r» 


Kai  K.it 

Adi. 

.S  -^ 

Kar.  H.it 


Kat. 

K,u 

.-; 

■- 

Kat 

Kit 

Adh, 

S 

^ 

Kat. 

kat 

S 

Uat, 

'(.It 

-\ 

Kat. 

i(at 

> 

> 

K.lt. 

Kat 

Kat  K,it 

S       res  ^ 
Kat, 

■^        rf  ^  "■ 

Kat  Kat 


Adh 


K.lt 

Kat 

Kat, 
Kat, 


Hai 
H.it 
Kat 
Kat, 


Kat 


S 
Kat 


Kat. 
Kat, 


Kat. 

S 

Rat. 

S 

Kat 

S 

Rat. 

S 
Kat. 

S 
Rat 


Ailh. 


•Swed'-"    s^  I    N'lr-vay   ccni^tTtufrd   a    t'ni'  ii 
ai  a  single  t''iwer. 


190'>.       Aili--    lahri.    In     tli.Mi     pri    r    t.i 


CONVENTIONS  AND  DECLARATIONS  OF  1899 


233 


RESERVATIONS  AT  SIGNATURE' 
CONVENTION  I 


Roumania.  Under  the  reservations  formulated  with  respect  to  Arti- 
cles 16,  17  and  19  of  the  present  Convention  (15,  16  and  18  of  the 
project  presented  by  the  committee  on  examination),  and  recorded 
in  the  proc^s-vcrbal  of  the  sitting  of  the  Third  Commission  of 
July  20,  1899. 

Extract  jrum  the  procds-terbol: 

The  Royal  Government  of  T.oumania  beinR  completely  in  favor 
of  the  principle  of  facultalhe  arbitration,  ot  which  it  appreciates  the 
great  importance  in  international  relitmns,  nevertheless  does  nut  interd 
to  undertake,  by  Article  15,  an  engagement  to  accept  arbitration  in 
every  case  there  provided  for,  and  it  believes  it  ought  to  form  express 
reservations  in  that  respect. 

It  can  not  therefore  vote  for  this  article,  except  under  that 
reservation. 

The  Royal  Governmeni  of  Roumania  declares  that  it  can  not  adhere 
to  Article  16  except  wi.i  the  express  rcjervation,  entered  in  the  /TOf.'j- 
verbal.  that  it  has  dcciil-.il  not  lo  accpt,  in  any  case,  an  international 
.irhit ration  for  disagreements  or  disputes  previou.s  to  the  cohcIuf  )n 
of  the   present  Convention. 

The  K.jyal  Government  of  Roumania  declares  that  in  adhering  to 
.^^Iu•l!■  18  nf  the  Convention,  it  makes  no  engagement  in  regard  to 
obligatory  arbitration. - 

Serbia.  I'lidcr  llu'  rcscrvatioiis  rcc-irdtd  in  the  f'ron's-zc-  .nil  ni  the 
Third  Commission  of  July  20.  1899. 

I'.xtr.i.t   frr III    the   t^'ci'Sfcrhul 

In  the  name  (•;'  tile  Royal  (ioveriniiciU  of  .Serbia,  we  b  ive  the 
hoiKir  to  declare  that  our  adoption  of  the  principle  "f  good  offices  and 
miitiaiinn  itoes  not  imply  a  recognition  of  the  right  of  third  States 
to  jse  rlirs  means  except  w  tli  the  extreme  reserve  which  proceedings 
oi    this    iif  icate    n.iture    require. 

We  (In  not  ai'  I  good  ..(Tues  and  mediation  except  on  cnrnli'ion 
tbat  their  character  if  purely  friendly  ennp'-el  is  maintained  fully  and 
en.-npletcly,  .ind  we  never  eoul.l  accept  them  m  forms  and  circumstances 
^Uih  :i^  til  ::iiprf  -  v.\»>n  them  the  ilaracter  of  intervention.' 


'All    these    rcs'-vation'i.    except    that    of    Turke\.    w 
ficatt.ii. 

^necl.ir.\tion  o!    Mr.   HeUbman       i'rpct's-i  erb  lux.  pt,   n,   p    48 
'Declaration  ol  Mr    Miyatovitch      Pri'crs-i'.-rhaur,  pt.  iv,  p.  47 


imintained   at    rati- 


234 


RESERVATIONS  AT  SIGNATURE 


CONVENTION  I  (Continued) 
Turkey.    Under  reservation  of  the  declaration  made  in  the  plenary 
sitting  of  the  Conference  of  July  25,  1899. 

Extract  from  the  proccs-verbal: 

The  Turkish  delegation,  considering  that  the  work  of  this  Con- 
ference has  been  a  work  of  high  loyalty  and  humanity,  destined  solely 
to  assure  general  peace  by  safeguarding  the  interests  and  the  rights 
of  each  one,  declares,  in  the  name  of  its  Government,  that  it  adheres 
to  the  project  just  adopted,  on  the  following  conditions: 

1.  It  is  formally  understood  that  recourse  to  good  offices  and 
mediation,  to  commissions  of  inquiry  and  arbitration  is  purely  faculta- 
tive and  could  not  in  any  case  assume  an  obligatory  character  or 
degenerate  into  intervention; 

2.  The  Imperial  Government  itself  will  be  the  judge  of  the  cases 
where  its  interests  would  permit  it  to  admit  these  methods  without 
its  abstention  or  refusal  to  have  recourse  to  them  being  considered 
by  the  signatory  States  as  an  unfriendly  act. 

It  goes  without  saying  that  in  no  case  could  the  means  in  question 
be  applied   to  questions  concerning   interior   regulation.' 

United   States.     Under  reservation  of  the  declaration  made  at  the 
plenary  sitting  of  the  Conference  on  the  25th  of  July,  1899. 

Extract  from  Ike  proccs-verbal: 

The  delegation  of  the  United  States  of  .Xmerica  on  signing  the 
Convention  for  the  pacific  settlement  of  international  disputes,  as 
proposed  by  the  International   Peace  Coniercnce,  makes  the  following 

declaration : 

Nothing  contained  in  this  Convention  shall  be  so  construed  .is  to 
require  the  United  States  of  America  to  depart  fr..m  iis  traditional 
policy  of  not  intruding  upon,  interft-ing  with,  or  entaiiKliiiK  itself 
in  the  political  questions  or  pi.licy  or  internal  administration  of  any 
foreign  State;  nor  shall  anything  contained  in  the  said  Convention  be 
construed  to  imply  a  relinciui-hment  by  the  United  St.ites  of  .Vmerica 
of   its   traditional   attitude   toward  purely  Anurican  <uusti..ns.= 

CONVENTION  III 
Qermany,  Oreat   Britain,  Turkey  and  United  States  signed  with 
rcHTvatioii   of    Article    10.      It    was   subsequently   aRrcfd.   on   an 
undersiaiidinsi   rcacheil   by   the   ('.ovcrnment   of    the    Netherlands 

witli    t!H'     i^iKilnry    r^wtr-,  to  cxclntl' 
ticatior;-  nf  tlie  ("(invention.* 


Artii-k'   10  from   ail   rati 


.I>c1.ira!v.n   -.l    T.irkliai,    I'.-.^ia.     /V,.rr.(-TvW-,iHT.  pt     i.   p.   /')      This   reser- 
vitinn  Hne-  tw  t  apiirnr  in  the  invtniment  "f  ratitication  ,,     .   j  c. 

%roc-f-:'-rUmx.  pt.  i.  P   (-9     Compare  the  reservatum  of  th<-  United  St, 
to  the  190;  (  onvrrtion  I.  post,  p.  242. 

•U    S    "^talut's  at   Lartie.  vol,  .?,,  p.   !^.V 


ites 


SUMMARY 


OF  THE 


I 


SIGNATURES,     RATIFICATIONS,     ADHESIONS 
AND    RESERVATIONS 


TO  THE 


CONVENTIONS  AND   DECLARATION  OF  THE 
SECOND  CONFERENCE 


J)  I 


'  ;i 


236 


CONVENTIONS  AND  DECLARATION  OF  1907 


Abbreviations 

S — tinned. 
Kal  — raliliiil. 

Ailh.— a.ll'trcil. 
Rci  — rr»tTvaUoii. 


ArirnllBc     Rrpobllr.. 
Anntrla-Huniary       ... 

Rat.    Nov.    27,    Unq    . 
Brldum     

Kat.    .\UB.    «,    1910... 
BolUla     

Rat.    Nov.    27,    1909.. 
Brull     

K.it      Ian      5,    19M... 

Butsarla     

ChlU    

t hina     

R.,t.    N"V.    27.    19.19. 

.\,!l       Ian.    15.    1910. 

fulumliia     

Cuba     

K,.t     ich.    2.'.    19i:. 
llrnniark     

Mil      Nov.     27,    1909. 
Dninintran     Bfpuhllc 

Ki'iiMilur     

Iranrii      

Kal     OU,     7.    I'ilO.  .  . 
<iprmany 

Hat      \.,v.     J7,    1909. 
Orral    Britain     

Rat.     N  IV,     27.    1909. 

(luatrmala     

Hal     Mar      1^    1911 
■lain       

Ua(      .rl.      2.     1910.. 
Ilal.v 
Japan     . 

Hal.    IVc 
Liberia 

.V.ih      Feb. 
I,tixrnitiurs 

Rat      Sept. 
Mriiro 

Rat,     N.,v      27.    1909 


13.    1911. 

1914. 

191J 


(".)n\i-n- 

tion  fitr 
the  la- 

iitic  set- 
tlement 
of 

inter  na- 
tional 

(litpuVx 


II 


(  oi:\en- 
lion  rc- 
spettinit 
llie  limi- 
tation 
of  i!.e 
rmplny- 
nicnt    of 

force 
for   the 
recovery 
of  con- 
tract 
.letili 


S 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S       rei. 

Rat.  rea. 


S 
.<; 
Rat. 

S 

s 

Rat. 

S 
R.it. 

;i 
S 
.^ 

Rat. 

S 
Rat 


Rat. 

S 

Rat. 


re*. 


Ill 

C"nti\  cn- 
tii-n  rel- 
alive  to 

the 

opening 

uf  hos 

tititict 


IV 

C'<)nven- 
tion  re- 
specting 
tlie  lawn 
and  CU8- 
lomi  of 
\^ar  on 
iand 


I 


S 
Rit. 


S 

s 

Rat. 

S 

Rat. 

S 

Rit. 

S 

Rat. 

S 

S 


.\dli. 


s 

Kat. 


res 

res. 


Rat. 

S       re?, 
S        ren. 


Kat. 

S 

Kat. 

Kat. 
S       res 

*^       res 
Kat    res 


Rat 


.\dh. 


Rat. 

S 

s 

s 

Kat. 

S 

Rat. 

.S 

Rat. 

S 

s 

Rat 

S 

Kat 

.^ 

S 

Kat 


Kat. 
Rat 


.•\dh. 

s 

Kat 
Rat 


S       ret. 
Rat.  ret. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

s 


Com  rn- 

tn'ii  re- 

spei  iit'il 

the 

rmliti 

and 
dutiei 
of   r  eu- 

tral 
I'owert 

and 
peracina 
in  case 
of  war 
on   land 

S      rci 

S 

Rat. 

S 

Rat. 

S 

Rat 

S 

Rat. 

S 

s 


VI 

Ctmven- 
iioii  re- 
lating 
to  the 
^latua 
of  enemy 
mer- 
chant 
thipt 
at  the 
lint- 
break  of 
h.ntili- 
tiei 


S 

S 

Rat. 

S 

Rat. 

S 


i 


VII 

I'onven- 
tion  re- 
lating 
to  the 
conver- 
sion of 
mer- 
chant 
shipa 
into  war- 
•hipt 


.S 

S 

Rat. 

S 

Rat. 

S 


Rat. 

S 

Rat. 

S 

s 
s 

Kat. 

S 

Kat 

S 

Kat. 

s 
s 

Rat. 

S 
Kat 


Rat 


K.1- 
Kat 


res. 
res. 


Adh. 

S 

S 

Rat. 

S 

Rat. 

S 

s 

s 

Rat. 

.s 

Kat. 

S       1 


s 

Rat. 

S 

s 


s 

Rat. 

S 

s 


.s 

> 

Rat. 

S 
Kat 

S 

Kat 

\.lh, 

Kat 

Rat. 


!  s 
.  s 

{    Kat. 
^    Kat. 

Is 

!  ^ 
I  s 

I    Rat. 

S 
I    Kat. 

,  '    S 
Kat 


Kat. 

S 

Kat 


res. 
res 


K.it 

,\.lh 

K.it. 

.S 

Rat 


Rat. 

S 

s 

Rat. 

S 

Rat. 

S 

Rat. 

S 

S 

Rat. 

S 

Rat. 


kat. 

.\dh. 

H..1 

Kat 


VIII 

Conven- 
tion rel- 
ative to 
the   lay- 
ing of 
auto- 
matic 
sub- 
marine 
contact 
mines 


S 

S 

Rat. 

.S 

Rat. 

S 


S 
Rat. 

S 

s 


s 

1 

Rat 

S 

rci. 

s 

.s 

res. 

Rat 

res. ' 

S 

res.  1 

Rat 

rei. 

.S 

ret. 

Rat 

ret. 

S 

S 

Rat 

Rat. 

S 


Rat. 


Adh. 

S 

Rat. 

Rat 


CONVENTIONS  AND  DECLARATION  OI'  1907 


237 


IX 


XI 


XII       XIII 


Cunven- 

(■  .iivcn 

Con  V  en- 

tiun  cor 

ti'-rt    for 

;,rn  TCI- 

icriuiii< 

l!ie 

ttllvC    tu 

b*'Tti* 

uiUi  la- 

icrrtiin 

tiard- 

ti.f    lu 

rt'iric- 

meiu  by 

ii.^'i- 

li.>ni 

naval 

tiitie 

Htth 

futcct 

Aarfarr 

regard 

in  time 

of  the 

tu  the 

of  war 

exmise 

cii.let 

i     of  the 

(>/  th« 

right  of 

( .f  nf  va 

capture 

Convtn- 

in  naval 

tinn 

war 

Conven- 
tion rel- 
ator to 

the 
creation 
of  an 
Interna- 
tional 
I'riie 
Court 


Ciinven- 

tiiin  tt»n- 

rcrniiig 

the 

riglita 

anil 

(liitifi 

of  nr u- 

j       trat 

in  naval 
{      war 


XIV 

I'nlara- 

tiuei  )iro- 

hilitling 

the 

charge 
.,f  ,.,.,- 
jrriilet 

ami 

exi'liv 

•ives 

from 

ballonna 


Final 
Act 


Hat. 

Rat. 

> 

S 

S          TCS. 

S 

Rat.  res. 

Rat. 

Ailh. 

S 

> 

Rat. 

s 

Rat. 


S 

s 

Rat. 

S 

Rat. 


H.nt. 
Rat. 


Rat 

S 

Rat. 


.\<lh. 

S 

Rat. 

Rat. 


S 
Rat. 


Rat. 


,s 
Rat. 


Trntncul 
oi 

^'L 

leinner 
19,  1910. 

aiMl. 
tional  tu 
Hague 
Conven- 
tion MI 
on  an 
Intrrna- 
tional 
F'riie 
Court 


s 

1  s 

s 

S       rr. 

.  1   s 

s 

Rat.  Tti.  ' 

..\clh. 

Adh. 

,\ri;rnllnr   Krpnblla 
Auatrla-UuDBary 

BvlBlom 

Bolliria 

Uraill 

Hill  (aria 

rhilo 

I'blna 


C'olombia 
C  ubn 

Oramark 

Domlnlran    Republic 

hi-uailur 

Kraore 

<ipriiiany 

(irrat  Britain 

(iualpmalB 

Haiti 

itaijr 
Japan 

LIbrrIa 

Luipmbarg 

{   Mrairo 


1 


238 


CONVENTIONS  AND  I)ECL.\RATION  Ol-  1907 


I 

II     ! 

III 

IV 

V 

VI 

VII 

VIII    1 

('iifivrn- 

Conven-    i 

C'onven- 

Convfn 

Conien- 

(  onven- 

Cfnvrn- 

C  unvrn- 

tion  rel- 

tion  re- 

tion  re- 

lion  re- 

tiuit  re- 

the  |<A-   ' 

•peciitiK 

ative  to 

the 

,  spec t inn 
1  ifir  Uw« 

s|  t-iting 
the 

utmf 
to  the 

til  the 

ative  tu 

th«  lay- 

in|  ul 

Abbreviations 

ilem^nl  ! 

tation 

iit>enin( 

Knd  cui- 

rights 

staitia 

siull  uf 

(>(         1 

ol  hos- 

tomt of 

and 

S— tignrd. 

employ- 

tilities 

war  on 

duties 

enemy 

matie 

Rat. — raiilini 

1      land 

of  neu- 

mer- 

aub- 

Adh  — ailhcri;.! 

ditputr* 

force 

tral 

chant 

»lllp« 

marinr 

Rn  — rficrvaii.n. 

f.Tthe     j 

INnftera 

shipa 

recovery 

and 

at  the 

»hip« 

tninet      i 

ofc.n.  ; 

persi'ns 

break  ..f 

in  ta-ir 

1 

debts 

! 

of  «ar 
on  land 

liristlli- 
tiea 

t 

S 

s 

Rat. 

S 
S 
Rat. 

S 

.s 

Rat. 

'•■   S       rea.      S 
Rat               Rat. 

S 
S 
Rat. 

S 

s 

Kat. 

1 

NrlhrrlMda     

Kat     .Nov.    27,    1909.. 

s           1 

Rat.         1 

MlrarsKua     

.\dh.    Dec.    16,    1909. 



Adh. 

.\dh.re«. 

Adh. 

1    Adh.            Adh. 

Adh. 

Adh. 

Adh. 

S 
Rat. 

S 
Kat. 

L. 

IS              ,    S 
Rat.         j     Rat. 

S 
Hat. 

'    S 
Rat. 

S 

Kat.    Sr,>I.    19.    1910.. 

Rat. 

S 
Rat. 

S 
Kat. 

s 

Rat 

S                  S 
Rat.              Hat. 

S 
Kat. 

;     S 
Hat. 

S 

Kat.    Sn'     11.    1911.. 

Rat         , 

S 
S 

S 
S 

S 

s 

J       !^ 

S 

s 

1   s 
1    s 

S              1 

s           ' 

S 

1  s 

1    Rat. 

S       rci 

S 
Hat 

s 
s 

Rat. 

is          Is 
^  s         ^  s 

1     Rat.              Rat 

s 

s 

Hat. 

i  s 
1  s 
1    Hat. 

s       1 

l>ortn(>l     

Rat.    .\|.ril    13,    1911.. 

RounMBla     .             

Rat.    Mar.     1,     1912.- 

'    S      rea. 
1    Rat.  rea. 

S 
i    Rat. 

'   s           ,   s 

Rat.              Hat 

S 
Kat. 

i    S 
Hat 

S              1 
Rat. 

S 
Rat. 

.s 

Kat 

1   s 

Kat. 

."^       res.  ;    S 
Rat.  res.  j    Rat. 

S       res 
1   Kat.  rt's 

i    Rat. 

1 

W.it     Nov     Z7,    1909.  . 

S 
Rat. 

S        re« 
Rat.  res. 

.S 
Rat 

*     S              i    S 
'    Rat.             Rat. 

S 
Kat. 

;    Kat. 

S 

Kat.    Nov.    27,    1909.. 

Rat 

Nrrlil* 

S 

S 

S 

S                  S 

S 

1    « 

S 

S 
Rat. 

i     

s 

1    Rat. 

s          ;  s 

Rat.        i     Rat 

s 

'   Kat. 

Kat. 

1    S       res. 

Rat.    .Mar.     12.    1910    . 

Rat  re> 

S 
Rat 

!  s 

Kat 

S 
Hat. 

S 

Hat 

.s 

1    Kat. 

Rat. 

Kat.    Mar.    IH.    1913.. 

.\dh.    Feb.    24,    lOlV 

1 

S 

1 

s 

S                  S 

i    ^ 

S 

' 

Kat.     .Nov.     27.     1909: 

Kat. 

1 

Kat. 

Kat               Rat 

i   Rat. 

Kat. 

1    

arvl   Ji.ly    1.'.    1'>11.   ai 

i 

1 

i.liardi     l'..iivrnliiil 

! 

t 

X. 

Kwllaerlanil 

S       rr» 

S 

-; 

S 

i    >^ 

s 

S 

Rat.    May    12.    1910. 

Rat   res 

Rat. 

K.ii.              Rat. 

I   Kat. 

Kat 

Kat.          { 

T«rke.v     

S       rrs 

,   s 

S 

-       res.       S 

S 

S     ret. 

.S     res 

1  nitril    Nlalea     

S        rm 

s 

s 

••^                1 

Rat.     .Nov.     27.     1909; 

,    Rat    r.s 

-■    Kjt.  rrs 

Rat 

Kat.              Rat 

:   Rat.          i 

.\dli.    Kt.    3.    1909. 

1                ! 

I'ruKiift.v     

S 

S        res 

S 

^                  S 

.•N 

s 

s 

s 

s            s 

.•^ 

s 

s 

^^im'^'^^-r^MS :.  -'w^:^. 


CONVKNTIONS  ANU  DtCl^kATION  OF  1907 


23 


IX 

Con  »  en- 
lior    on- 
trt      ng 
bom- 
bard- 
nitnt  by 
naval 
furctj 
in  lime 
of  war 


(.'onven- 
tion   for 

the 
adapta- 
tion to 
mari- 
time 
warfare 
oi   the 
prin- 
ctjilet 
i.fthe 
(•rnrva 
("tinven- 
tion 


XI 

(■on»»n- 
iinn  rrl- 
tli<r«  In 
crrtiin 

f  r^lne* 
li  <itt 
«iih 

til  the 
rxrrctic 

.•(the 

rmht  "( 

rapture 

in  naval 

war 


XII 

I'wnven- 
tmn  rel- 
ative to 

the 
creation 
of  an 
Interna- 
tional 
IVire 
Ci>urt 


XIU 

I   Icmven- 
!  ii»»n  con- 
1  irrning 
I       the 

ritftitft 
I       an'l 

duiua 
1    t'f  neu- 
tral 

Tiwrrn 
in  naval 
I     war 


XIV 

Ueclara- 
tt<pn  pro* 
hihiiinc 
the 
dit- 
ch art* 
of  (irr>- 
jrt  tilea 

and 

e«(>lo- 

•ivea 

from 

halhmna 


Final 
Act 


Rat. 

S 
Kat. 

S 

s 
s 
s 

Kat. 

S 

Kat. 

S 

Rat. 
S 
Kat. 

S 

s 

Rat. 


S 
Rat. 


s 
s 

Rat. 

1   s 
s 

Rat. 

!i 

,    Rat. 

1 

1     ■■■•■• 

1    s 

i  s 

.   ;     Rat. 

1  

!      S 

1     Rat. 

Adh. 
S 

1    Adh. 

Adh. 

i    S 



1    '' 

.   1     Adh. 

!  s 

i     Adh. 

1    .S 

Rat.  '.  Rat 

S  '  S 

Kat  Rat. 

S  !  S 

S       r«i  I  S 

s  i  s 

s  ;  s 

Rat.  !  Rat. 


S 
Rat. 

Rat. 

S 
Rat. 

S 

s 

Rat. 

S 
Rat. 

S 
Rat. 


!    S 
Rat. 


S 
Rat. 

1^ 

Rat. 
I     S 
I    Kat. 

S 
Rat. 


s 

s 

s 

Kat. 

Rat. 

Rat 

K 

S       res. 

S 

S 

S 

s 

Rat 

,    Kat. 

Rat 

S 

S 

S 

s 


!     S 

s 
s 

'  s 


Rat. 

S 
Kat 


Hat. 

S 

Kat. 

S 

Kat. 

S 

Kat. 

S 

S      rr^. 

Kat   rcn 


Rat. 

S 

Rat. 


S 

s 

Rat. 


S 
Kat. 


S 
Hal 


S 
Kai. 


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teniirer 

19.  1910. 

addi 

ti-'nal  to 

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l  unvf  n- 

liun  MI 

on  an 

Iiiirrna- 

honal 

I'm* 

Cnurl 


U 


Nrtlirrlkada 

Nlrsraaiia 

Norway 

I'ttoama 

■'■rasiiaj 
I'prala 
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Roumania 

Hnnala 

I  HaliraJor 

Nerbia 
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Turkey 

I  nilrd   NIale* 


I  niKiiar 
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!"  iW'^msL^::'7^^v*^hiW!M^?smi£!M^ : 


'Ji^^T^mr^ 


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240  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 


CONVENTION  I 
Brazil.     With  reservation  as  to  Article  53,  paragraphs  2,  3,  and  4. 

Chile.  Under  reservation  of  the  declaration  formulated  with  regard 
to  Article  39  in  the  seventh  meeting  of  the  First  Commission  oi» 
October  7. 

Extract  from  the  proccs-verbal: 

The  delegation  of  Chile  desires  to  make  the  following  declarat'on 
in  the  name  of  its  Government  with  respect  to  this  article.  Our  dele- 
gation at  the  time  of  signing  the  Convention  of  1899  for  the  pacific 
settlement  of  international  disputes  did  so  with  the  reservation  that 
the  adhesion  of  its  Government  as  regards  Article  17  would  not  in- 
clude controversies  or  questions  prior  to  the  celebration  of  the  Con- 
vention. 

The  delegation  of  Chile  believes  it  to  be  its  duty  to-day  to  renew, 
with  respect  to  the  same  provision,  the  reservation  that  it  has  previously 
made,  although  it  may  not  be  strictly  necessary  in  view  of  the  similar 
character  of  the  provision.' 


Greece. 


With  the  reservation  of  paragraph  2  of  Article  53. 


Japan.  With  reservation  of  paragraphs  3  and  4  of  Article  48,  of 
paragraph  2  of  Article  33,  and  of  Article  54. 

Roumania.  With  the  same  reservations  fonnulated  by  the  Rouma- 
nian plenipotentiaries  on  signing  the  Convention  for  the  pacific 
settlement  of  international  disputes  of  July  29,  1899." 

Switzerland.     Under  reser\-ation  of  Article  53.  nimib-     2. 


Turkey.  Under  reservation  of  the  declarations  recorded  in  the 
proccs-verbal  of  the  ninth  plenary  session  of  the  Conference  held 
On  October  16,  1907.     (Continued,  p.  242.) 


>Statement  of  Mr.  Domingo  Gana.    Actes  et  documents,  vol.  ii.  p.  121. 
'See  ante.  p.  233. 


i  s'-  -■  .; 


RESERVATIONS  TO  THE  1907  CONVENTIONS 
RESERVATIONS  AT  RATIFICATION 
CONVENTION  I 
Brazil.     Reservation  maintained  in  the  act  of  ratification. 

Chile.     [Not  yet  ratified.] 


241 


Greece.     [Not  yet  ratified.] 


Japan.    Reservation  maintained  in  the  act  of  ratification. 


Roumania.     Reservations  maintained  in  the  act  of  ratification. 


Switzerland.     Reservation  maintained  in  the  act  of  ratification. 


Turkey.     [Not  yet  ratified.] 


242  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  I   (Continued) 

Turkey  (Continued  from  p.  240) 

Extract  from  the  frocks-verbal:  ,  .      r- 

The  Ottoman  delegation  declares,  in  the  name  of  its  Government, 
that  while  it  is  not  unmindful  of  the  beneficent  influence  which  good 
offices  mediation,  commissions  of  inquiry,  and  arbitration  are  able  to 
exercise  on  the  maintenance  of  the  pacific  relations  between  Svates. 
in  giving  its  adhesion  to  the  whole  of  the  draft,  it  does  so  on  the 
understanding  that  such  methods  remain,  as  before,  purely  optional; 
it  could  in  no  case  recognize  them  -s  having  an  obligatory  character 
rendering    them   susceptible   of    leading    directly    or    mdirectly    to    an 

intervention.  i     ■   j  .  „f 

The  Imperial  Government  proposes  to  remam  the  sole  judge  ot 
the  occasions  when  it  shall  be  necessary  to  have  recourse  to  the  different 
proceedings  or  to  accept  them  without  its  determination  on  the  point 
being  liable  to  be  viewed  by  the  signatory  States  as  at.  unfriendly  act. 

It  is  unnecessary  to  add  that  such  methods  should  never  be  applied 
in  cases  of  internal  order.* 

United  States.    Under  reservation  of  the  declaration  made  in  the 
plenary  session  of  the  Conference  held  on  October  16.  1907. 

"'ThVX''oroft"h:tnited  states  renews  the  reservation  made 
in  iS  on  thT  subject  of  Article  48  of  the  Convention    o-  e  pacfi 
settlement    of    international    disputes    m    the    form   of    the    following 

"'"'NothTng  contained  in  this  Convention  shall  be  so  construed  as  to 
recuire  the  United  States  of  America  to  depart  from  its  traditional 
pTyo  no;  intruding  upon,  interfering  with,  or  entangling  itself  in 
the  political  questions  of  policy  or  internal  administration  of  any  for- 
]gn  S  r;  nor  shall  anything  contained  in  the  said  Con-^ention  be 
construed  \o  imply  a  relinquishment  by  the  United  States  of  its  tra-- 
ditional  attitude  toward  purely  American  questions. 


CONVENTION  II 
Argentine  Republic.    The  Argentine  Republic  makes  the  following 
reservations : 

1      With  regard  to  debts  arising  from  ordinary  contracts  between 
the  citizen  or  subject  of  a  nation  and  a  foreign  Government,  recourse 
(Continued,  p.  244.) 


:is=^?V,"Kr.TS'J.''''.r;.f/.T":»^ 


RESERVATIONS  TO  THE  1907  CONVENTIONS 
RESERVATIONS  AT  RATIFICATION 
CONVENTION  I  (Continued) 


243 


United  St&tes.     Reservation  maintained  in  the  act  of  ratification, 
which  contains,  besides,  the  following  reservation : 

That  the  United  States  approves  this  Convention  with  the  understand- 
ing that  recourse  to  the  Permanent  Court  for  the  settlement  of  differ- 
ences can  be  had  only  by  agreement  thereto  through  general  or  special 
treaties  of  arbitration  heretofore  or  hereafter  concluded  between  the 
parties  in  dispute;  and  the  United  States  now  exercises  the  option  con- 
tained in  Article  53  of  said  Convention,  to  exclude  the  formulation  of 
the  comfromis  by  the  Permanent  Court,  and  hereby  excludes  from  the 
competence  of  the  Permanent  Court  the  power  to  frame  the  cvmpromis 
required  by  general  or  special  tr»aties  of  arbitration  concluded  or  here- 
after to  be  concluded  by  the  United  States,  and  further  expressly  de- 
clares that  the  comfromis  required  by  any  treaty  of  arbitration  to  which 
the  United  States  may  be  a  party  shall  be  settled  only  by  agreement 
between  the  contracting  parties,  unless  such  treaty  shall  expressly  pro- 
vide otherwise. 

CONVENTION  II 
Argentine  Republic.     [Not  yet  ratified.] 


i        S 


244 


RESERVATIONS  TO  THE  1907  CONVENTIONS 
RESERVATIONS  AT  SIGNATURE 


CONVENTION  II   (Continued) 
Argentine  Republic  (Continued  from  p.  242) 

shall  not  be  had  to  arbitration  except  m  the  specific  case  of  denial 
of  justice  by  the  courts  of  the  country  which  made  the  contract,  the 
ret  edies  before  which  courts  must  first   have  been  exhausted. 

2  Public  loans,  secured  by  bond  issues  and  constitutmg  the 
national  debt,  shall  in  no  case  give  rise  to  military  aggression  or  the 
material  occupation  of  the  soil  of  American  nations. 

Bolivia.    Under  the  reservation  stated  to  the  First  Commission. 

Extract  from  the  prods-verbal: 

It  seems  to  me.  therefore,  that  the  acceptance  of  the  propos.t  on 
before  us  will  but  mean  the  legitimation  by  the  Peace  Conference  o  a 
certain  class  of  wars,  or  at  least  interventions  based  on  disputes  which 
relate  neither  to  the  honor  nor  vital  interests  of  the  creditor  States 

In  consequence  of  these  forceful  reasons,  the  delegation  of  Bolivia 
regrets  not  to  give  its  entire  assent  to  the  proposition  under  discussion. 

Colombia.    Colombia  makes  the  following  reservations: 

It  does  not  agree  to  the  .mployment  of  force  in  any  "se  for    he 

recovery   of   debts,   whatever  be   their   nature.     It  accepts   "b.trat  on 

only  after  a  final   decision  has  been  rendered  by  the   courts  of   the 

debtor  nat'ons. 

Dominica;.  Republic.     With  the  reservation  made  at  the  plenary 

session  of  October  16,  1907. 

Extract  jro.n  the  procis-verbal: 

The  del^feation  of  the  Dominican  Republic  confirms  its  favorable 
vote  en  the  proposal  of  the  delegation  of  the  Un,te.l  States  relative 
to  the  limitation  of  the  employment  of  force  for  the  recnvery  of 
contract  debts:  but  it  renews  its  reservation  as  to  the  condition  con- 
tained in  this  part  of  the  clause:  "or  after  accepting  the  offer,  prevents 
any  compromis  from  being  agreed  on,"  as  its  interpretation  might  ead 
to  excessive  consequences  which  would  be  the  more  regiettable  as  they 
are  provided  for  and  avoided  in  the  plan  of  Article  S3  of  the  new 
Convention   for  the  pacific   settlement  of   international   disputes. 

Ecuador.     With   the   reservations  made  at  the  plenary  session  of 

October  16,  1907. 

Extract  from  the  proccs-verbal:  „,inf,in- 

The  deleRation  of  F.cu.i.ior  will  vote  affirmatively  while  maintain- 
ing the  re?crv.itions  made  in  the  First  CommisMon.' 

Ts^tement  of  Mr.  Claudio  PiniUa.     Actes  et  documents   vol    ii,  p.  142 
=b  a  ement  of  Mr.  Ap.:.linar  Tejera.    Actes  et  documcl  .  vol.    ,  p.  3^7. 
.1"^^^^".  „f  M'  n^m  V  He  Alsiia.    Actes  et  documents,  vol.  i,  p.  338. 


RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  RATIFICATION 
CONVENTION  II  (Continued) 


245 


Bolivia.     [Not  yet  ratified.] 


Colombia.     [Not  yet  ratified.] 


Dominican  Republic.     [Not  yet  ratified.] 


Ecuador.     [Not  yet  ratified.] 


h'< 


246  RESIiRVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  II  (Continued) 
Greece.    With  the  reservation  made  at  the  plenary  session  of  Octo- 
ber 16,  1907. 

tion  L  ng  wfthout  definite  instruction,,  was  obliged  to  reserve  ..s  vote 
on  th^  ubiect  of  the  proposition  of  the  United  States  of  Amer.ca 
on  he  treatment  of  contract  debts.  We  are  to-day  m  ^  P-t'""  ° 
d Care  that  the  Royal  uovernment  accepts  the  said  P-P-''-^"^;;; 
has  for  its  aim  the  doing  away,  by  peaceful  means  of  differences 
between  nations  and  the  exclusion,  conformably  to  the  P^-Pl"  '>' 
L ternaHonal  law.  of  the  employment  of  armed  force  outs.de  of  armed 
onsets.  We  consider,  at  the  same  time,  that  the  prov.s.ons  contamed 
in  paragraphs  2  and  3  of  the  text  voted  can  not  affect  ex.sfng  st.pula- 
tions  nor  laws  in  force  in  the  realm.* 

Guatemala.  1.  With  regard  to  debts  arising  from  ordinary  contracts 
between  the  citizens  or  subjects  of  a  nation  and  a  foreign  Govern- 
ment recourse  shall  be  had  to  arbitration  only  .n  case  of  dental 
of  justice  by  the  courts  of  the  country  which  made  the  con- 
tract, the  remedies  before  which   courts  must  first  have  been 

exhausted.  .     . 

2  Public  loans  secured  by  bond  issues  and  constttutmg  na- 
tional debts  shall  in  no  case  give  rise  to  military  aggression  or  the 
material  occupation  of  the  soil  of  American  nations. 

Nicaragua.     [Not  a  signatory  Power.] 


^Statement  of  Mr.  RangabO.    Actes  el  documents,  vol.  i. 


336. 


RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  RATIFICATION 

CONVENTION  II  (Continued) 
Greece.     (Not  yet  ratified.] 


247 


Ouatemaia.     1.  Reservation  maintained  in  the  act  of  ratification. 


'•'1 


2.  Reservation  maintained  in  the  act  of  ratification. 


Nicaragua.     The  act  of  adhesion  contains  the  following  reservations : 

(a)  With  regard  to  debts  arising  from  ordinary  contracts  between 
the  citizen  or  subject  of  a  nation  and  a  foreign  Government,  recoufsc 
shall  be  had  to  arbitration  only  in  the  specihc  case  of  a  denial  of 
justice  by  the  courts  of  the  country  where  the  contract  was  made, 
the  remedies  before  which  courts  must  first  have  been  exhausted. 

(b)  Public  loans  secured  by  bond  issues  and  constituting  the 
national  debt  shall  in  no  case  give  rise  to  military  aggression  or  the 
material  occupation  of  the  soil  of  American  nations. 


248 


RESERVATIONS  TO  THE  1907  CONVENTIONS 


RESERVATIONS  AT  SIGNATURE 

CONVENTION  II  (Continued) 

Peru.  Under  the  reservation  that  the  principles  laid  down  in  this 
Convention  shall  not  be  applicable  to  claims  or  differences  arising 
from  contracts  concluded  by  a  country  with  foreign  subjects 
when  it  has  been  expressl;-  stipulated  in  these  contracts  that  the 
claims  or  differences  must  be  submitted  to  the  judges  or  courts 
of  the  country. 

Salvador.  We  make  the  same  reservations  as  the  Argentine  Republic 
above.' 

United  States.     [Signed  without  reservation.] 


Uruguay.  Under  reservation  of  the  second  paragraph  of  Article  1, 
because  the  delegation  considers  that  arbitration  may  always  be 
refused  as  a  matter  of  right  if  the  fundamental  law  of  the  debtor 
nation,  prior  to  the  contract  which  has  given  rise  to  the  doubts  cr 
disputes,  or  this  contract  it?elf,  has  stipulated  that  such  doubts 
or  disputes  shall  be  Littled  by  the  co'irts  of  the  said  nation. 


CONVENTION  IV 

Austria-Hungary.     Under  reservation  of  the  declaration  made  in  the 
plenar}'  session  of  the  Conference  of  August  17,  1907. 

Extract  from  the  (•roccs-rcrbal: 

The  (IcUgjti.m  cif  .-Xiistri.i-HiiiiK.iry  h.ivinc;  acrcptcil  thf  new 
Article  22a.  on  cnndition  that  Article  44  of  the  Convention  now  in 
force  he  maintaintd  as  it  is,  can  not  consent  to  the  .\rticle  44a,  proposed 
by  the  Second  Commission. ' 


Mnfp.  p.  242. 

'Statement  of  Mr.  Merey  von  Kapos-Mcre.    Actcs  c(  documents,  "ol.  i,  p.  86. 


RESERVATIONS  TO  THE  1907  CONVENTIONS 
RESERVATIONS  AT  RATIFICATION 

CONVENTION  II  (Continued) 
Peru.     [Not  yet  ratified.] 


249 


Salvador.     Reservations  maintained  in  the  act  of  ratification. 


United    States.    The    act    of    ratification    contains    the    following 
reservation  : 

That  the  United  States  approves  this  Convention  with  the  under- 
standing that  recourse  to  the  Permamnt  Court  for  the  f^ettlemcnt  of 
the  difTeiences  referred  to  in  said  Convention  can  be  had  ly  hy  agree- 
ment thereto  through  general  or  special  treaties  of  arlj  .tion  hereto- 
fore or  hereafter  concluded  between  the  parties  in  di-,iute. 


Uruguay.     [Not  yet  ratified.] 


CONVENTION  IV 

Austria-Hungary.     Reservation  maintained  in  the  procbs-verbal  of 
deposit  of  ratifications. 


250  RESERVATIONS  TO  THE  IW  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  IV  (Continued) 

Qermany.  Under  reservation  of  Article  44  of  the  annexed  Regu- 
lations. 

Japan.     With  reservation  of  Article  44. 

MontentKi'o.  lender  the  reservation*;  formiilatcil  as  to  Article  44 
of  the  Regulations  annexed  to  the  present  Convention  and  con- 
tained in  the  minutes  of  the  fourth  plenary  session  of  August 
17.  1907. 

Extract  from  the  frocfs-verhal: 

The  delfRation  of  Montetifgro  ha«  thf  honor  to  drcLirf  that  having 
acccptcil  the  new  Article  22a,  proposed  hy  the  deleRation  of  Germany, 
in  the  place  of  Article  M  of  the  existing  Regulations  of  18*^,  it  makes 
reservations  on  the  suhject  of  the  new  wording  of  the  said  .Arlicle  44a.' 

Russia.  Under  the  reservations  formulated  as  to  Article  44  of  the 
Regulations  annexed  to  the  present  Convention  and  contained  in 
the  minutes  of  the  fourth  plenary  session  of  August  17,  1907. 

Extract  from  the  proccs-ierbal: 

The  delegation  of  Russia  has  the  honor  to  declare  that  having 
accepted  the  new  Article  22a,  proposed  by  the  delegation  of  Germany, 
in  the  place  of  Article  44  of  the  exi.sting  Regulations  of  IS'*"',  it  makes 
reservations  on  the  subject  of  the  new  wording  of  the  said  Article  44a.' 

Turkey.    Under  reservation  of  Article  3. 

CONVENTION  V 

Argentine  Republic.  The  Argentine  Republic  makes  reservation  of 
Article  19. 


Great  Britain.     Under  reservation  of  Articles  16,  17  and  18. 


'Statement  of  Mr.  Tcharykow.     Actes  et  documents,  vol.  i,  p.  86. 
'Statcmen*  of  Mr.  Martens.    Actcs  et  documents,  vol.  i,  p.  8&. 


RESERVATIONS  TO  THK  1907  (•f)NVENTIONS 
RESERVATIONS  AT  RATIFICATION 
CONVENTION  IV  (Continued) 
Qermany.     Reservaticn  maintained  in  the  act  of  ratification. 

Japan.     Rcsenation  maintained  in  the  act  of  ratification. 
Montenegro.     (Not  yet  ratified.] 


251 


Ruuia.     Reservations  maintained  in  the  act  of  ratification. 


Turkey.     [Not  yet  ratified.] 

CONVENTION  V 

Argentine  Republic.     (Not  yet  ratified.) 

Great  Britain.     [Nut  yet  ratified.] 


i      ) 


252  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  VI 

Germany.  Under  reservation  of  Article  3  and  of  Article  4,  para- 
graph 2.' 

Russia.  Under  the  reservations  made  as  to  Article  3  and  Article  4, 
paragraph  2,  of  the  present  Convention,  and  recorded  in  the 
minutes  of  the  seventh  plenary  session  of  September  27,  1907.^ 

CONVENTION  Vli 

Turkey.     Under  reservation  of  the  declaration  made  at  the  eighth 

plenary  session  of  the  Conference  of  Octob.  r  9,  1907. 

Extract  from  the  proccs-verbal: 

The  Imperial  Ottoman  Government  does  not  engage  to  recognize 
as  vessels  of  war,  ships  which,  being  in  its  waters  or  on  the  high  seas 
under  a  merchant  flag,  are  converted  or.  the  opening  of  hostilities.^ 

CONVENTION  VIII 

Dominican  Republic.  With  reservation  as  to  the  first  paragraph  of 
Article  1. 

France.     Under  reservation  of  Article  J. 

Germany.     Under  reservation  of  Article  2. 

Great  Britain.    Under  reservation  of  the  following  declaration: 

In  affixing  their  signatures  to  the  aliove  Convention  the  British 
plenipotentiaries  declare  that  the  mere  fact  that  this  Convention  does 
not  prohibit  a  particular  act  or  proceeding  must  not  be  held  tn  debar 
His  Britannic  Majesty's  Government  from  contesting  its  legitimacy. 


'The  German  and  Russian  delegations  con<;idered  that  these  provision?  es- 
tablished an  inequality  I)etween  States  in  inipnsinK  financial  burdens  on  those 
Powers  which,  larkint;  naval  ^t.itions  in  diflFereiU  parts  (jf  the  world,  arc  not  in  a 
position  to  take  vessels  which  they  have  seized  into  a  port,  but  find  themselves 
compelled  to  destroy  them.     Actcs  rt  documents,  vol.  i,  p.  236;  vol.  iii,  p.  918. 

^Actes  ct  documents,  vol.  i,  p.  277. 


;?P?"-lf 


RESERVATIONS  TO  THE  1907  CONVENTIONS 
RESERVATIONS  AT  RATIFICATION 
CONVENTION  VI 
Germany.     Reservation  maintained  in  the  act  of  ratification. 


253 


Russia.     Reservations  maintained  in  the  act  of  ratification. 


CONVENTION  VII 
Turkey.     [Not  yet  ratified.] 


CONVENTION  VIII 
Dominican  Republic.     [Not  yet  ratified.] 


France.    Reservation  maintained  in  the  act  of  ratification. 
Oermany.     Reservation  maintained  in  the  act  of  ratification. 
Great  Britain.     Reservation  maintained  in  the  act  of  ratification 


254  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  VIII  (Continued) 
Siam.     Under  reservation  of  Article  1,  paragraph  1. 

Turkey.  Under  reservation  of  the  declarations  recorded  in  the 
prods-verbal  of  the  eighth  plenary  session  of  the  Conference  held 
on  October  9,  1907. 

Extract  from  the  prods-verbal: 

The  Imperial  Ottoman  delegation  can  not  at  the  present  time 
undertake  any  engagement  whatever  for  perfected  systems  which  are 
not  yet  universally  known.  »  ♦  •  The  Imperial  Ottoman  delegation 
believes  that  it  should  declare  that,  given  the  exceptional  situation 
created  by  treaties  in  force  of  the  straits  of  the  Dardanelles  and  the 
Bosphorus,  straits  which  are  an  integral  part  of  the  territory,  the 
Imperial  Government  could  not  in  any  way  subscribe  to  any  under- 
taking tending  to  limit  the  means  of  defense  that  it  may  deem  neces- 
sary to  employ  for  these  straits  in  case  of  war  or  with  the  aim  oi 
causing  its  neutrality  to  be  respected.  *  »  *  The  Imperial  Ottoman 
delegation  can  not  at  the  present  time  take  part  in  any  engagement 
as  regards  the  conversion  mentioned  in  Article  6.' 

CONVENTION  IX 

Chile.    Under  the  reservation  of  Article  3  made  at  the  fourth  plenary 
session  of  August  17. 

Extract  from  the  proci'S-ierbol: 
The  delegation  of  Chile  makes  reservation  as  to  Article  3.* 

France.     Under  reservation  of  the  second  paragraph  of  Article  1. 
Germany.     Under  reservation  of  Article  1,  paragraph  2. 

Great  Britain.     Under    reservation    of    the    second    paragraph    of 
Article  1. 

Japan.     With  rcservatioti  of  paragraph  2  of  Article  1. 

CONVENTION  X 

China.     Under  reser\ation  of  Article  21. 


•Statement  of  Turkhan  Pasha.    Acta  et  documents,  vol.  i,  p.  280. 
'Statement  of  Mr.  Domingo  Gana.     Actes  et  documents,  vol.  i.  p.  90. 


RESERVATIONS  TO  THE  1907  CONVENTIONS 
RESERVATIONS  AT  RATIFICATION 

CONVENTION  VIII  (Continued) 
Siam.     Reservation  maintained  in  the  act  of  ratification. 

Turkey.     [Not  yet  ratified.] 


255 


CONVENTION  IX 
Chile.     [Not  yet  ratified.] 

France.     Reservation  maintained  in  the  act  of  ratification. 
Germany.     Reservation  maintained  in  the  act  of  ratification. 
Great  Britain.     Reservation  maintained  in  the  act  of  ratification. 

Japan.     Reservation  maintained  in  the  act  of  ratification. 

CONVENTION  X 
China.     Reservation   maintained   in   the   act  of   ratification. 


Wfk 


256  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  X  (Continued) 
Great  Britain.     Under  reservation  cf  Articles  6  and  21  and  of  the 

following  declaration : 

In  affixing  their  signatures  to  the  above  Convention,  the  British 
plenipotentiaries  declare  that  His  Majesty's  Government  understand 
Article  12  to  apply  only  to  the  case  of  combatants  rescued  durmg  or 
after  a  naval  engagement  in  which  they  have  taken  part. 

Persia.  Under  reservation  of  the  right,  admitted  by  the  Conference, 
to  use  the  Lion  and  Red  Sun  instead  of  and  in  the  place  of  the 
Red  Cross. 

Turkey.  Under  reservation  of  the  right  admitted  by  the  Peace  Con- 
ference to  use  the  Red  Crescent. 

CONVENTION   XII 
Chile.    Under  the  reservation  of  .Vrticle  15  made  at  the  sixth  plenary 
session  of  September  21. 

Cuba.    Under  reservation  of  Article  15. 

Ecuador.    Under  reservation  of  Article  15. 

Guatemala.     Under  the  reservations  made  concerning  Article  15. 

Haiti.     With  reservation  regarding  Article  15. 

Persia.     Under  reservation  of  Article  15. 

Salvador.     Under  reservation  of  Article  15. 

Siam.     Under  reservation  of  Article  15. 

Turkey.     Under  reservation  of  Article  15. 

Uruguay.     Under  reservation  of  Article  15. 


tr^f^: 


RESERVATIONS  TO  THE  1907  CONVENTIONS 
RESERVATIONS  AT  RATIFICATION 

CONVENTION  X  (Continued) 
Great  Britain.     [Not  yet  ratified.] 


257 


Persia.     [Not  yet  ratified.] 

Turlcey.       [Not  yet  ratified.] 

CONVENTION   XII 
Chile.     [Not  yet  ratified.] 


Cuba.     [Not  yet  latified.] 
Ecuador.     [Not  yet  ratified.] 
Guatemala.     [Not  yet  ratified. 
Haiti.     [Not  yet  ratified.] 
Persia.     [Not  yet  ratified.] 
Salvador.     [Not  yet  ratified. j 
Siam.     [Not  yet  ratified.] 
Turkey.     [Not  yet  ratified.] 
Uruguay.     [Not  yet  ratified.] 


't  c 


258  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  XIII 
China.     [Not  a  signatory  Power.] 

Dominican  Republic.    With  reservation  regarding  Article  12. 
Oermany.    Under  reservation  of  Articles  11,  12,  13  and  20. 
Great  Britain.    Under  reservation  of  Articles  19  and  23. 
Japan.    With  reservation  of  Articles  19  and  23. 

Persia.    Under  reservation  of  Articles  12,  19  and  21. 

Siam.    Under  reservation  of  Articles  12,  19,  and  23. 

Turkey.  Under  reservation  of  the  declaration  concerning  Article  10 
contained  in  the  procis-vcrbal  of  the  eighth  plenary  session  of  the 
Conference  held  on  October  9,  1907. 

Extract  from  the  procds-verbal:  .        .    •.       r    ,i„   n,r 

The  Ottonan  delegation  declares  that  the  straits  of  the  Dar- 
danelles and  the  Bosphorus  can  not  in  any  case  be  referred  to  by 
Article  lu  The  Imperial  Government  could  undertake  no  engagement 
whatever  tending  to  limit  its  undoubted  rights  over  these  stra.ts.' 


United  States.     [Not  a  signatory  Power.] 


FINAL  ACT' 
Switzerland.     Under  reservation  of   Vau   No.   1,  which  the   Swiss 
Federal  Council  does  not  accept. 


•Statement  of  Turkhan  Pasha.    Acles  ct  documents   vol  \,  p.  285. 
•The  nnal  Act.  being  a  svimmary  of  tl,e  proccchn^rs  of  the  Conference,  is  nor 
a  conventional  agreement  and  accordingly  is  not  ratihcd. 


RESERVATIONS  TO  THE  1907  CONVENTIONS  259 

RFSERVATIONS  AT  RATIFICATION 
CONVENTION  XIII 

China.    Adhesion  with  reservation  of  paragraph  2  of  Article   14, 
paragraph  3  of  Article  19,  and  of  Article  27. 

Dominican  Republic.     [Not  yet  ratified.] 

Qermany.     Reservation  maintained  in  the  act  of  ratification. 

Great  Britain.     [Not  yet  ratified.] 

Japan.     Reservation  maintained  in  the  act  of  ratification. 

Persia.     [Not  yet  ratified.] 

Siam.     Reservation  maintained  in  the  act  of  ratification. 

Turkey.     [Not  yet  ratified.] 


United  States.    The  act  of  adhesion  contains  the  following  reser- 
vation : 

That  the  United  States  adheres  to  the  said  Convention,  subject  to 
the  reservation  and  exclusion  of  its  Article  23  and  with  the  under- 
standing that  the  last  clause  of  Article  3  thereof  implies  the  duty  of  a 
neutral  Power  to  make  the  demand  therein  mentioned  for  the  return 
of  a  ship  capturtd  within  the  neutral  jurisdiction  and  no  longer  within 
that    jurisdiction. 


mc^^m"^^ 


INDEX  OF  PERSONS 

Abdullah  Puiha.  Onml,  delegRit  uf  Turkey  to  tint  dinfrrrnce '-* 

Ahmrd  Khan  Hadlf  ul  Mulk.  d«l«iijit«  u(  I'Fraln  tn  ■»<  imd  conference IV 

n*  iileiilpotentlarj   (jf  rernln.  elcried   liilU  additional  protocol 205 

Akiyama,  Major  tienrral  Vuthlfuru.  delexiite  of  Jii|>iiii  to  Hei-ond  runfrrence 15 

Altam    CalderAn.    Maaurl,    iia    plenlpulentlarj    of    Peru,    alvned    1010    uddltlonal 

protoc-ol    xiir, 

Amourel.  C}i*neral.  di'iPtftite  of  Frnme  to  necoiid  conference 11 

Aragu.  Rear-Admlral,  detegnte  of  Kriince  to  Ne<>ond  cuitffrence 11 

Arre,     Pranrlxo    dr,  as   |ilenlpoteuttur)r     of    (iuateniiila,    aliened     lUlO    uddltlonitl 

protocol     LtlS 

Ardaili,  (tir  John  I'hariea.  deleKnte  of  Creiit  Ilrltnln  to  flrnt  confereme 13 

Arica,  Naxao,  deleunte  of  .Inpun  to  llrat  confereme 15 

Arlntarrhl  Bey,  us  plenlpotentliiry  of  Turkey,  aUned  IDIO  nddltloniil  protocol...  2Ut) 
Anaer,    Toblaa    Michael    Carel,    delegate   of    Netlierlunda   to    flrat    niid    aecond  con- 
ferences      18.  IT 

Baauer,  Arturo  de,  deleKnte  of  Spain  to  flrat  conference 10 

Barantaew.  Count,  delegiite  of  Ituaalo  to  flrat  conference 21 

Barlioaa,  Buy.  deletcnte  of  nrnall  to  aecond  confereme B 

Barra,  FranrUco  l.e«n  de  la,  rteleiiiite  of  Mexico  to  aecond  conference 18 

Baally,  A.,  deleKnte  of  Kuaala  to  flrat  conference 21 

Bailie  y  Ordofiea,  Jo«*,  delegiite  of  I'ruKiniy  to  aecond  confereni'e 24 

Beaufort.  Hillrm  llendrik  de.  delegate  of  Netherlands*  to  aecond  conference 17 

Beer  Poortugael,  Jat'obua  C'alharlnua  Coruella  den,  delegate  of  the  Netherlnnda  to 

flrat  and  second  conferences 17,  IS 

Beernaerl,  .Augnate.  deleKnte  of  nelgtum  tf>  Brat  and  ae'^ond  conferencea 5 

Behr.  Captain  F.,  delegate  of  llnaaln  to  aecond  conferettce 21 

Beldlman.  .\lrxandre,  delegate  of  Koumnnla  to  flrat  ni)d  aecond  cnnferenc-ea 20 

BhUvanarth  Narllbal,  Captain  Luang,  delegate  of  SInni  to  aecond  conference 22 

Blanco.  Chevalier  Auguate.  delegate  of  Italy  to  flrat  conference 14 

BIhourd.  Oeorgea,  delegate  of  France  to  flrat  conference 11 

Blldl.  Baron  Carl  Nlla  Daniel,  delegate  of  Sweden  and  Norway  to  flrat  conference..  2.1 

Bllle,  Fr.  E.,  delegate  of  Denmark  to  (Irat  confcreio  e • 

Horel,  Colonel  Rug^ne,  delegate  of  Switzerland  to  aei'ond  conference 23 

BflurgeolH.  L^on,  delegate  itf  Fronce  to  rtr«t  and  second  cniifereiices 10 

Brlindatrlim,  P,  H.  E.,  delegate  of  Sweden  to  first  conference 23 

Brun,  Conatantin,  delegate  of  Denmark  to  aei-ond  conference 9 

Buchanan,   Sir  George   William,  aa   plenipotentiary   of  I'.reat   Britain,   algned   19in 

addltlo;;al    protocol    2fl."> 

Buchanan,  William  I.,  delegate  of  Vnlted  Stares  to  aecond  conference 3 

Buquet.  Colonel  Nehaatlan.  deleKate  of  CrnKUay  to  second  conference 24 

BuHtamante  y  8lrven.  Antonio  SAnrhrt  de.  delegate  of  Cuba  to  second  conference.  9 

Butler,  Chnrlea  Henry,  rtnlegate  of  T'nited  States  to  seci  nd  conference 3 

Campa.     .Miguel     Angel,     as     plenipotentiary     of    I'nlia,     algned     1010     additional 

Iirotocol     2114 

Candamo.  Carlos  O..  delegate  of  Pern  to  Re<'oiirt  conference lo 

Carlln.  fiaston.  delesrate  of  Switzerland  to  second  conference 2.'t 

aa  plenipotentiary  of  Switzerland,  signed   101(1  additional   protocol 208 

Cnstennkjnld.  .Inhan    Wilhelm  Orevenkop,  as  plenipotentiary   of  Denmark,  slu-ncd 

1010    additional    pmtocol 201 

Castlglla,  Captain  Francois,  delegate  of  Ttnly  to  aecond  conferenre 14 

CaKtllho.  Captain  Augunio  de,  delegate  of  Portngnl  to  flrst  conference 20 

Castro,  Juan  Pedro,  delegate  ut  Frutfuay  to  s.'cond  rurifercnre 24 


262 


INUl.X    ni'    I'KKSdNS 


,,f  Chlnu   to   »r."li.l  ...nfprcii.e     . 


raKt 

.,     lu 

s 


Chanc  rhlng-lonii. 

Than   lll-i-hlu.  .L-leifMle  ..r   i  ninu   i..   -r. -....   ■_■•.■  ,,  ,.„„feifn.» 

=;X;r'«:;..::r.roi"';;.:rr.::';:  r 


2 

21) 


12 

12 

3 


i.f  Iliiltl  I'l 
ileleiiitp  ' 


PHlMmar.  .Iran  Join-i>h.  iIcIi'KmI. 

I.„|..  BrlnadliT  (Irnrral  Ororgi-  B  ,,..„,.. 

W.„„..   >.   IV,  .l..|.«..-  of  .lr.*e  to   «r».   ."nf.r-n.e 
,„„lM.n.  lUnry   WMI.rd,  cleleK.t.-  -f  .IhI'm..  t"  »'>' 
Ur.r.mi..,   Kduuard   Kui,»n»   Kran««l.,  Bare 


life  I 


f  Vhlted  Stiitri  to  «<■■ 


1,11(1  ii'Ufpr 


licl 
(l»lPKnte 


■oiifeii'i 

,,f   Ill'lKlolil   'o 


.1 
I'l 

IS 


Brut  (oiifpr- 


Iclcu'iitp  of  nuUnrln  to  ««"'.)iiil  < 
(Iplei-'.ite  of  Kiiiiidor  to  .e.-oiid 

tliiry  of  SweilPii.  KiKiieil   I'Jll)  inlcll- 


oiifcreiu'e. . 
roiifercnri'. 

,,|1>|     I'ollfl'll' 


a 

T 
lU 

4 


nimllrl^ff.  t  ommandf r  H., 
Dorn  >   d»  .\l»fta,  Knrique, 
Draco,  »-"l"  >•»''"•  'Ifli'L'iiti' 
F.tari-novltrd 

tloiKil    [irotoioi    

EllfM,  sir   Kdmond    Rwhr, 

•'"""'"  ^:::Z^:'v::^  ^;:;:n;L.„:  B.r„n  .-.  ....e...  o,  Vr e  ,o     ^^ 


.lohan  Jaiob  .\lberl,  ii«  l.leiilpoten 
(|plfj!iitf  of  Creiit 


K>tr<a, 


fOifpreio'f .  ■    • 
of  FriiiM'e 


Mil 


I, ml 


niifcri'iH 


,liinkhprr  W. 


Erxlnna, 

Fallim.  Baron  ,\.,  "s  |.lenl|."tf iithiry  .i„i.„.,„p  „f 

Meul-nant  (  ommandrr   Uullhrrm.    lv«i.,    .l.l-lti.te   of 


lirltiilii  to  seioiol 
1,11(1  coiifereu'e. . 

.._ _.  ilcleBiite 

Ealonrnrllr*  d» 

llr-t  iinil   »i''oii(l  coiifrreucea 

K........„,  ra»..  "-"■"■"VVCr'lX..-  oM;,;No..,er.»nd,  to  ,e..o.,d  ,.o,„..r..v 

„f  IlelKlnn.,  hIkimmI  lltin  Mildltlonnl  protorol 

_^ .„„.,   .,,„„ I'ortiiifal 

Frrrar  -  '      -       --        -^ .-..^.r 

I'.tiifcrt'iii  ('    

FI»hiT,  sir  .lohn  A.,  ilelottiite 

;■„..«,  .lohn  Wat.«n.  il-lc^ate  of  n,li,n  to  He.ond 
Fromaneot,  Henri  Au.u.lc,  ileU-Knt..  of  Vn.ii.c  to 
Fry.  Sir  Edward,  deleuMte  "f  <ireat  Hrltuln  to  »(■.•.■ 


1-1 
IS 


IS 

IS 

2m 


,,f  Creiit  Ilrltalu  to  flrat 


•■oiifiTeiH-f '- 

nfereiii'p  

.(■.■oiii)   ...iifeiHiiic " 

11(1  coiifermce 


i)rtiiK;il  ti>  nec-otid 


12 

lt> 

14 

T 

20 

«i:r:::'::;«nn,rn;  B.r.n  WUdlmlr.  de.e«„.e  of  Austria  ..un.,.r.  .o  H„.o„d  ..on-       ^ 

ferp'i.*     •■■; ," ,  "  11'/ [.'.,  '.il^.,^.^^i,lo       24 

Gil    Forl«uI.   lo-*.  rteleKiite  r.f  \  enpzuol^i  t 

Gllln.ky,  ( olonrl,  delPt-Mte  of  ItiisMin  t 

Oomr.  Carlllo,  EorlquP,  rtelepnte  of  CiiateniMli,  t 

0»|.|>'rl,  Dr.,  d.>1eLMte  of  Cprni.uiy  t 

Crrlle  Roirlpr,  fount  i\r.  delesiite  o 

Orlfie.  ,I«i.<hlm,  ilelPCate  "f  Norway 

Oro..  «on  srhwarrhotr,  Colonpl,  d^'P^^'*' 

r.roullrh,  Cipnrral  Sava,  ilplpu'ite 

Oiiarlmlla,   Frrnando   E..  delouatP  of  Itollvla   t 

Gudpnii..   Baron    Erweln,   ax   plpnipolpntlnry 

G;!!lli:;!.."AiX;;'.ro,-  n,  ■,..P.;i.o.en..ary-  of  Ar.Pntlne  •itPp.n.Uo.   -UnPd  1910  ad-  ^ 
'""■""",.' Jpln"llP.  Ou.,ay,   I-aol,'  Baron,^  llele^ate  '^f  '  nelRlmii    to   .e<-,.„d   ..o.-       ^ 


Sei'olHl  (•.,lif.TPll>P 

first  ,-,.iifprpiiop 

■ond  roiifprpiop 

sproiid  coiifproiup 

iif  nplKluin  to  first  roiifereni-p 

t..  second  coiifprpncp 

of  Cpniiany  to  first  confereiiie 

,,f  Spfl'la  to  sproiid  .-oiifprpin'e 

second  confprence 

,f  Austrla-IlmiBi.ry,   sliiiiPd   lUin  ad- 


21 

IS 

1 

8 

17 

1 

no 

8 

204 


Gulllnumr. 

fereiH  e     ' ' ' ' ' 

Ottodell,  Major  General  »on,  delegate  of  Oermany 


to  second  I'ouference. 


INDEX   OF    PERSONS 


263 


Paf« 
OutUtm    FaSM,  tgumti;  m  pitnl|>ul«Dtlarr  »t  (.'Hli.iiihlu.  niKord   IVIO  iii1dlll<  ail 

|.r..t,i,-ul    VH 

Haifrup,  Ororg*  t'raarU.  d«l»unti-  of  .N'iir«M.v  !■•  unciiil  r.nifi-rnni' IT 

nn  |>l*i>l|iotei>tlMry  of  NurwHy.  alKiidl    IIMO  nililltlorinl   pt  .imi.l SIO 

Hammarikjttld,  Kaul  HJalmar  Lfsaard,  drit'tfiilt-  uf  Supilin  l«  ><•< mill  iiMifpremw.     '» 
Haul,  Hvar-Admlral  Aalala*.  deleK>i(»  nt  Auntrliilliiiiiiiiry   to  mHoiid  niiifcrriur. . .       3 

Hajraahl,  Baroa  Tadaaa,  dclrKiitv  if  Jnimn  t<>  Ural  rnnfiii'iii  r  IB 

llrdraiirrB,  <  nluBf  I  l>a>ld,  d«lri{nte  <if  Swedrii  (i  hci  <uiil  nmfvrrnip 23 

Hrllnrr,  Joliaaartt,  dvleKnte  i>f  Sweden   to  i*ei-tiiiil  i  unfrreiii  e 23 

Hrlnmnortfl,  John,  iiii  |il«til|iott'iitliiry  nf  Siilviid<ir.  alKiivil  I'.tKi   nlillliniiiil  iir'tiinl  Viun 
Hranrlilrq,  hton,  ilelecilte  of   IVthIm   I"  nfinliil  riiifi-iiiin'  IW 

Hrnrlqupi  I  Carvaial,  FranrlHro,  delfKiite  nf   DdiiiIdIi'iiii    tC<M<i>'iHi'   (••  Mfrund  ruti- 

W 


ffrein** 

Ilranaiilrhlrir,  Majar  Chrlnte,  dririrntr  nf  Biilviirhi  tn  nrit  i'iiiifprviii'<> T 

fleiivpl.  Julra  van  den.  dvletfiite  of  nclkctuiii  tn  Hpcmul  i-->iiferriire 6 

Hill,  IlaTid  Jarnr,  dplcviite  nf  I'liltrd  St  iii-o  tn  nnnnd  frri'in  i- 3 

HJulhainmar,  C'aplain  C.  A.  M.  d^,  dplrk'iip  nf  Snrilcn  t  i  Hrat  innriTiiii  c 23 

Holgufn,  fipnrral  Jorve,  deleientP  nf  ('ntmnlilii  tn  Mci-niiil  i-mifenMirf ri 

Halli,  Frrdrrirk  W  .  (Ivlririiti!  nf  t'liltpil  StntfK  tn  Hr'tt  r  iifcrrin  p  S 

Ho  Vpn-chPBi,  (IpJeKat*  i»f  Clilnii  tn  flrNt  nniifprpiup H 

Hoo  W>l-t»h,  deleiriite  nf  riiliiH  tn  Brut  i frrpm  «> H 

Howard.  Sir  Henry,  deleiinte  nf  (irrnt  Ifrttiilii  to  flrHt  iitid  nenniid  miifereiti  <'»«.■■  ■  12 

Huhrr,  rrofpBuor  Ma».  delpjjiitp  nf  Su  Itzerlarid  tn  Npi-nnd  I'ntifcreinp 23 

Hiidlrourt,  I'lerre.  dplejrnte  nf  Unit!  to  Hecniid  cniifprpiiip 14 

HurM,  Cppll  Jamp«  Barrladon,  (Iplpfiiip  of  "Irpiit  IlrltMlii  to  *i nil  mrifprprn  p. . .  12 

Jlm^npi,    .luan    Antonio,    nn    |ilPiil|iolpiitlary    nf    I>.ni:uii:i,    alk'iiPd    Mill    addltlniiiil 

prntn.'nl      20» 

Karandjouloir.  Ivan,  delPunte  nf  BiilKirl.)  t  ■  iprond  rnnfprpinp  7 

Karnpbppk.  Jonkhppr  A.  P.  C.  van.  Ae\fv              '•.■etjiprliiiids  to  flrBt  rnnferpnrp 17 

Karnpbppk.   Jonkhcrr    Hprmao    Adrlaan  Ipleifiite    nf    NptliPrlund*    to    npiond 

ronferei  re        IH 

Khupparh  tn  Bpld.  Victor  Ton.  dPiPKiitP  of  Aiiiitrl>i'!lun;.'nry  to  first  cniifprpiitp 

Kllnt.  Commandpr  Ounlat  af.  delpgnfe  of  Sncdpn  tn  spioiul  (onfprpnre 

Konpk  dp  Norwall.  Emll,  dpIPKatp  of  .\ui<tria'Muni:ary  to  iiprond  rnnfprenip r, 

Konow.  W..  delPKUte  nf  Norway  to  flrnt  confprpTirp 23 

KrIPKp.  Johannpa.  dplpgatp  of  Cpruiniiy  to  spcnrwl  rniifHrpiiip 1 

KHnill.  Coloapl  Arnold,  delpftate  of  Swlttprland  tn  flrnt  roufprem        23 

Laraip.  Captain,  dplejfatp  of  Frnni^  to  Bpoond  conferenrp 11 

L«niroaiiph.  Hplnrlrh.  d€-lPir:tte  of  .\iiatrla-Hnnitfiry  tn  tlrnt  and  wprond  confprpncpa.  S 

Langp.  ChrUtlan  Looa.  delpf^nte  of  Norway  to  nprond  ronfprence 17 

Wbpp,  J.  N..  dPlPKnte  of  Ilnltl  to  npcond  confprpnip 14 

Lopir,  J.  A.,  delPKiite  of  the  Netherlnnda  to  second  cnnferenre 18 

Lou  Tapnff-'tiilanK.  delppntp  nf  Chlim  to  first  and  sp<-n[iil  conferPTicps H 

Low.  8pth.  dplPKHte  of  I'nitpd   States  to   first  cnnfprencp 3 

Maophlo.  Baron  rarl  von.  delPBiite  of  Aiisflii-Huntfury  tn  second  innfprenif 4 

Marpdo,  roonl  dp.  delpitale  of  Portuscl  to  first  i-nnfprenrp IB 

Maphaln.  Euspblo.  delPBnte  of  Parnituay  tn  seonnd  conferemp 17 

Mahan,  Captain  Alfrrd  T..  delP'.'nfp  nf  Itiltpd  Statps  tn  first  cniifcren.p .1 

MarppH  van  Swindprpn.  Jonkhppr  Rpnekp  dp.  an  plenipotentiary  of  the  Netherlands, 

slcned  1(110  additional  prntncnl 20S 

Marsrtiall  von  Blpl>prslpln.  Baron.  delPKnte  of  ilprniany  tn  sprnnrt  cnnfereiuc 1 

Martpns.  Fpdor  Fpdnrovleti.  dpieicate  nf  Mntitencirm  tn  scrmiil   miiftTiMh  e Ifi 

ilelecate  of  Itiissla  tn  first  and  sernnd  miiferpm-ps 20 

Martin.  Captain  .luan  A.,  deletfnte  of  .Vrtentlne  Kepuhlln  to  sonnnd  cniiftTPiico. ...  4 

Maitrlilnp,  Colonel,  ilelrirafp  nf  SprMa   tn   flrsi   rnnfereni  c -2 

Mathpu,  Ppdro  J..  delPKnte  nf  Salvador  to  second  conference 21 

Mattp,  .AiiiruHto,  dpleirate  of  Chile  to  second  cnnfoicnip 7 

Manra  y  Oamaio,  Oabrlpl.  deleicate  of  Spain  to  second  cnnfercm  e In 


264 


INDEX   OF   PERSONS 


M».r.r.rrt.l..  Ma*r4.  Iltl«««t.  of  U..uin»Dli  «o  .*"i.d  p.mf»r«nr« » 

Mrdln..  «  rl.««t«.  dH»««t.  ..f  Nlc«r«icu.  to  M.'..nrt  .-..i.f.rfn.'.. .  •  •_ >• 

M>hMn>4   F«h«.  K..  dtl»»«tt  "f  Turk.jr   lo  llril   nnd  —.Hid  i-onf.r.mM  ^     « 

M«»y   ..n   ll.p..-M«».  0.(KM.  d.l»«"t»  "«  Au.lrl*  llui.„iry   t..  dr.t  .nd  wud  ^^ 

MlrhflM.,' «-.l..»l.  rt.-i»««lt  nf  UiimU  t.i  »«-.ind  ."Ohr.... « 

MIrr.   A,   df.  d»l»««U  "f  Meil.o  »•«   Brit  cuftrtii.* '• 

MIrr.  N*bull*a  B.  d».  d»l»Kiil«  <«f  Meilm  t..  «>.  ..ml  .•..iif.T»nie « 

Mllllrhr.llrn.  Mlrh*t  «..  df!.-*.!*.  "f  M«rl.U  In  «H..tMl trrvu-' " 

MII..MOTlUh.  MII.TM  a..  d«l»K«te  of  H»rhlii  t..  w.-nd  ,  ..nffren.*  « 

Ml>>ln>ltrh.   <  hMU-lllf..   d»l»K«l«   "f   «»rl.U    t..    «r«l    .  ..nfH..l..*_^                                         _  " 

Moncu  de  Hrri»d.l.  C.«.l  «»«ri«  du.  >•<•  |,l.i.ll...l«nll..ry  of  l'urag.i«.v.  .Irfi.».l  ^ 

lino   iiddltluual    protwol :.',„,.    '.,!,,.!  ...i  ' 

M.>l».    «»...r.l    l.««l.    ••    |.l»nlpoe.i.tl.rj    of    U..1ItI«.    ilKDtd    l»IO    .ddUlonul 

.                                                                                                      •"*< 

|>r*.tori>l     |.. 

MoaloJ*.  J.  Jofr*.  d»l»«iit«  of  Hpnln  to  M<'»nd  <onf»r»ni-» 

Melan*,  Irhtr..  d»l««ii'»  "f  J«P<in   «o  Snt  ionf<>r<«ii<* 

M«uBl*r.  <1»>»I.  d»leiCit*  of  KMm*  I"  «"t  roiifrrern* » 

M   u».  T.»rr.d.  llurl..Mi>l   d..  .Wl»«„t.  ..f  l«r.i«U  I.,  wn.nd  .-..nfrr^iHi.  ...... ..  T 

M«ll.r.  Mil.  .««.  «■  |.l»nl,...lfntl»,y  of  O.rm.ny,  «l«nfd  1010  .ddULmol  pr.-t 1  -IH 

MHBMer.  ronni,  drleifiiU  of  Crrniniir  lo  flr«t  confyrfri.* > 

Nflldow.  Al».«i.d»r.  d.l»g«te  of  M..nf»n»Kr..  to  «».  ..i.d  -..iiferen.-. " 

di-l»«iii»  .f  lluiiiilK  to  •♦"•Olid  i-.iiif»r»iii« ~ 

N*»rl.  HlaDford.  d»lfif«»*  .'f  I'lillfd   Stntm  t..  flri.t  .■..nferen.* 3 

Nlcrm.  C.««t  ('•■IMllM.  d«l«KHte  of  ItRlJ  to   nr«t   r trrrmt l» 

Maary  B»y.  Mrhrmrd.  dpl«Kiite  of  Torkfy  t"  tlrnt  .•..i,ffr..i...- " 

Nuolr.  l-hy«  Hurlym.  dHmnle  of  Slum  to  flr»t  c.mfnni.e " 

Odirr.   Kdauard.  dHfunt*  of  HwllMfliind   t.)   flmt   inutvrfiwe »« 

Ohollr.*«rl   .on    Ohollc...  Alfiudrr.  dUennte  of  .\a.trla-Huiignry  to  nrit  .•.m-       ^ 

OlIrte.Knrlqii..  «•  |.l»nlpot*nll»rT  of  MmI.u.  .iBt.ert  IDIO  iidrtltlonul   prot 2<« 

OIlTrlr*.  AlbfrU  d'.  d»l»«nl»  "f  f  ..rtiignl  t.)  pik-..ioI  .•..iif.'r.-o.  e ■ W 

Oordt.  U,.il«..«  ColM.1  H.  V.   «».  dflegnte  of  thf   N»tl.»rlaDdi  t.)  ««-ond  r..n- 

.                                                                                                                                     18 

f»ren.-e   _, 

Orrlli.  l-orraKloBl  d'.  delegnff  "f  Hliim  to  Br«t  and  .«-..nrt  ronfereiuM W 

Ororlia..  C  aplala  Ayrr.  d".  del»(r«l»  of  P..rt.iK«l  t.>  (Imt  n.i.feren.* W 

Ornflla.  it  V««BBri-ll«..  AsonllBho  d".  deltKiite  ..f  l'..rl.ntnl  to  flmt  ronffren. »  19 

Olllfv.  <  Bpl.lB  rh«rlM  LBBKdBlr.  delmiite  of  CrMt  Ilrltiiln  to  nec.nd  .■..iif.ren...  12 

OXrhlBBlkow.  ColoBfl.  rtfleinitf  of  Il"«»li«  to   flr«t   nnd  -r,.,u6   -.i  if»rni.r« 21 

PBKlalii.  J«B  N..  dplfitate  of  llo(ini«nl«  l.>  flmt  roiiff ren.* W 

HauBPffoi,,  Hlr  Jullaa.  dPleiriitp  ..f  lirp.it   nrlliilii  L.  first   ronfprpnip   " 

Pellri.   Kuic»np  ABlolBp  MarrrlllB.  dPiPKiitP  ..f  Kriin.*  t..  »p.  oiirt  loiiferpncp H 

1,-.  |.ln.l|."tpothiry  of  ITnii.P.  kIbupiI  WIO  iidrtlt|..r.,il   |,r..tor..l 200 

p«pliaii,  Rpar-Admlral,  dplPgnte  of  Fniiirp  t.>  flrst  ii.nfprpii.p '^ 

P*pp.  Trlana.  SaallBBO.  dPlP|tiit»  ..f  (•..l..iiil>lii  t.>  (<P...nd  .oiifprpi,.? S 

dplPitiitp  ..f  SiiW:ti1..r  to  npc.nd  cmfprpnip '* 

PiBllla.  Claudlo.  rtelPlfiitP  of  H..|lvla   t.>  spcolul   n.nfcrpn.p " 

PompllJ.  Ciuldo.  cIpU     .tp  of  Itiily  to  flrnt  nnd  !ip<-..nrt  i  ..nfpreii.PH 14 

Porran.  B^IUarlo.  iIp.  ifntp  of  IMiinmn  t..  »pr„nrl  ...iifprpio  <■ " 

Portpr.   Horarp,  .|plPl!«tp  nf  fnllpd   SIntPs  t.>  iip.nnd  .  ..nfprpti.-p 3 

Protor.  Maurlpp.  dplPlfiltP  ..f   IliiBiln   to  i«p<-..nd   .  ..iifiTPp.  p "' 

Fdcb   BarBP.  Fpdprlro.  im  plptilp-itpntlnry  of  Cl.llP.  Klunprt  IKin  n<1rtltl..nm  protocol.  204 

UUPKBd*  .V  Ap«"|p«til.  Gnntalo  dp.  dplPirnlP  <.f  f"''"  I"  "P.'ond  r.mfprpn.  p » 

Raffa'oTlph.  A..  dplPKUte  of  Kim.<l«  to  flmt  c.nfprp.u-p Jl 

RahDopB.  Kdiiard  NlrhoUa*.  delpgntp  ..f  Npthprlnnds  to  flmt  ponfprpiice 19 

Half  Ilpy.  (1plP!r:itp  of  Tnrkpy   to  spconrt  c.nfprpni-p  2* 

Raairahf.  <  1*ob  RIio.  dPlPKntp  ..f  <;rpp.p  to  «p<<.nd  .•..nfprpn.p IS 

BsBcrl  dp  Sampalo.  Carlo.,  at  pipnipotpntlary  ..f  Portnital,  slened  1910  additional 
protocol    


INDEX   OK    l'ERS(*NS 


265 


Ktmr    (DanaK  Jmh**   MarkBr),  L*r4.   d*l*(al«  of  (Irani   Brltalo   to  larnnil  con- 

far«„.»     12 

■Mrhl4  ttrf,  <lr:ri(nt»  nt  Tiirkry  In  •riniiil  ■'unfrmirf'                      34 

Rvaaull,  l<ouU,  ili-lfuntp  '>f  rntiirr  !'•  lirmt  jiitd  Nfritiid  fiMifpmifaii. . . , II 

M«nd6B.    Vlrlur    Maaurl,  del<*UHti'  tif   Ki'llttilor   to   mci  hihI   toiifcr^lH  ** 10 

•  11   iilrnlii' li'iilliiry      f  I-!' umrT.  <lKr.ril   llllii  Milillll>>n«l   iirutor.il 'JiM 

n#ttmaan,   Llrul^Banl  I  ommaBdrr.  dvt«ilritf»  nf  (icrittiiiiy  to  ■ri'uiid  CDnfHrrtici*   .  . .  *J 

lli>|rnald>.  <irn>ral  KraarlM's,  dvlriiiilv  <>f  ArKfiitln*   ttriniliMi'  In  >r<'iiud  rnnfr'oiKr  * 

Hlra  r   (  alvB,  JoaA  d*  la,  dvlcKite  •■{  H|  nlii  tn  arcniid  loiifrrriK  » Ill 

HI  lilriili    >li>rilliiry   of  Mpjilri,  iilK>i<-d    l!l|<l  nddltlniinl   r'r'<t<'<<il    2110 

■llaa   Khan.  (Irnrral   MIna,  drli-ifiitr  "t   IVrilii   tn   ftrit   <'niirrri-n<'» lU 

Holi^mnt,  lirnrral  Marlua  NIroll*  dr.  drlrii:itr  nf  lt.il>    tn  xn mid  I'niifmnrr 14 

Rodrlinri   Larrrla,  (  arloa,  ililt-Kiite  nf  AruHiillin-  llcptililli-  ti'  nrrnnd  rniifaraiiia  4 

IMrll,  Jonkhrrr  J    A.,  drivk'nii-  I'f  tlir   Nrthrrl  iiiila  In  apintid  i  <Mirrrvli<f! 11 

Ritlln,   F'<lniinrd,  ili*l)*k'!itr  nf  Sinin   tn   flrnt  mtifprpiiip 22 


Rai*.   I'rlah   M.,  dvlrEnti!  of  I'liltPd   SIiiIpk  In  wcniid  i'i<n(prrni'» 

Rolli,   l>r.   ArnnUI,  ilrlfLMlP  "f  Sullxerlntid   tn  llril  i-niifprriif  i' 

H4rn(  Prla.   Kuiiiir,  dclt'irtitf  nf  Ariipiitlnr   Urimlill''  In  ■>' id  rniifpr  iii'<>. 


.1 

23 

4 


Nald   B»y,    Mrhrmni<-<l,   i|pli'i(;il(-    if  Tiirki'5    In  aeiniid   intifprfiiip 'Jl 

Haliainol».  I  afilain  Tnalilalau,  ilplruiilp  nf  .Inptin  In  flrat  f-niifiTHtH  t*   .  IS 

Malllrr  dp  la  Tour,  (mini  (iluapiipr.  I>ukp  nf  Calvpllo,  iia  |i|pnl|Miiviitlnr]r  nf   Itiily. 

■iKliPd     i:iin    nililltlniinl    i.mtni-nl 2(«V 

Hamad  Khan,  dplpuiitp  nf  Ipr-iln  In  flmt  iiiul  »p<  mid  iniifprpin  p« Ill 

Mamiioanatn,    VIrilliu,    tm    |<lpiil|Mi|pnliiirT    nf    Iriiiliiay,    aliiiird    1010    addltlniiil 

limtnrnl       2(»l 

nanaiilly,   Mantipl,   dplp^iitp  nf  Cnlui   tn  Mpc-.nd   I'niifiTpm'p   .    II 

Mantna  l.lBlMia,  r:duardo  fi-Ux  HlniApa  doa,  dpiPKiitp  nf  llrizll  In  He<'nnd  ruiiftrpiiip        II 

llapanBliakla.  C'oIobpI  C,  dplp^nl*  nf  UrM^-f  In  apiMind  cniifprpiii-p t<1 

8alo.   Almaro,  dplt'cntp  nf  .Ti-pmi   In  Hpcn?id  i-niifprpiirp 15 

H»   ilpiiliMitpiitlnry  nf  .liiimn.  alk-ni'd   Ittlll  iiddltlMiinl   pmlni'iil 20(1 

Balow.  Hip  Kpnpal   Maaon.  di-U'irntp  nf  ilrpnt  Ilritnlti   tn  arrniid  miifprpnc* 12 

flrhplnp,  Captain.  (Iptpirnfp  nf  Itnaaln   tn   tlrat  cniifprprM-e 21 

Hrhpllpp.  Rpar-Admlral  ('.  F.,  dplPtMtP  nf  Dpiiinirk  In  apiniid  iniiffrpni* I» 

H«hnapk.  .1.  O.  K.  »on.  dplpuiile  nf  Ppninnrk  t  ■■  flrat  inufprpm  e   B 

Broil.  Jamr*  Hruwn,  ilplcifiitp  nf  Inltpd  SliitPn  tn  »prniid  <niifprpn<* 3 

R*  |ilpiil|intpntlnry  nf  fnllpd  Sliilpa,  ulRiiPd  1010  nddltlnmil  prntnml 204 

Rpcravp.    Coinniandpr   John    Rodprlrk,   delptliitp   nf   lirpiil    llrlliiln    to   iKH^niid    '-"it- 

fprpiHi'    I;i 

SpIIp.  roiinl  dp.  (iploL'iitp  nf  VnrtiiKnt  In  Aral  niid  ae'*n:id  fniifprpnres 20.  1!> 

Hprralln,  loiini  dp.  dplpu'iite  nf  spiilii   In  flrst  imiferi'iiif  10 

BhImamura.  Rpar-Admlral  llayao.  dt'U'irnlP  nf  .In|iiin  tn  sei-nnd  mnfprpu''* 1.1 

MhpB.  I.lpiilpnanl  ('olonpt,  delPKtile  nf  Krniire  tn  apcniid  mtiforpncp II 

HIpkpI,  Kpiir- Vdmlral.  ilelPLMti'  nf  liprniiiiiy  tn  flral  and  aprnrui  i-nTiferpiii-pa 2 

Hollyk.  Coiini  ^itanlalaa.  dplptfntp  of  Aiistrln-IIunKiiry  In  flrnt  cniiferpiire   !i 

Novpral.    M»ri|Ula    dp,    itplt'iriltp    nf    rnrtllL'H)    In    aoi'nlld    rniifcrpncp 10 

Rpprry.  Rpnr-Admiral  Charlpa  H..  dplprntp  nf  I'liitPd  Statps  to  aei'nnd  cnnfi^roii' o  ."I 

Ntaal.  Karon.  rti'lpu-a'P  nf  Mniitptipirm  tn   ilrst  mnfprtMnp 1(1 


dPlPL'iitP  nf  If  II «« I  a  In  ft  rat  rnrtfprpncp . . . 

Btanrloir,  Dr.   DImltr*  I.,  dplpmite  nf  llnlirHrIa  In  rtrHl  r,»Tiferpnre ... 

na  |i|pol|int..Titlary  nf  llnlcarla.  alttiii'd   I'.ilO  :idilltl.inal  prntn.'nl 

stpn»pl.  Raron  ron.  ilplPKHtp  nf  ilprniiiiiy  tn  ft  rat  'nnfprptX'P 

Htrplt.  Ciporitloa.  dplPiratP  nf  Crppip  In  aivniul   cnnfcrpnii' 

Slurdia.   Captain   AlPKandrr,  dplciiate  nf   Knnin.niiin    tn   so'-ntid   nnnfprpiii  p   .    .  ... 
ftiirip.   LIpiitrnant    II.  (i..  dolPiratP  of  thp   Nrthprlanda   In  apnnnil    ■mifrrpii'-o   .  ... 
Aylrain,   (tporRpa,   ii'*   plptiipntpntlary   nf   Maltf.   sli:npd    IHlo  inM      ■■nul    [irni. .<■..] 
••lUaaj  von  HillAa  and  Fllla,  Jullua,  delegate  of  Aufitrln-IIun        y  tn  apimiil  .' 

fprence , 

Tadpma,  Captain  A.  P.,  delegate  of  tlit  Netherlanda  to  flrit  lunftTtninp  .  ... 


20 


1« 
2(rt 


1« 


F!|.r/1 


,^  INDEX   OF    PERSONS 

Pag* 

IchTTkow.  N..  delecnte  of  Mm.tenegro  to  -econd  conference ■■••••     \^ 

XerC.irr:;:^TM:l=:i:»^ne.iH.to,ec„„dV;nfe.^^^^^  ^ 

Th.u.ow.  M»jcr  oenr.-.  J.  J-  .leleK'nte  of  N;''-^         '  1'    ?,"  " 

r,'„.:.rB;:.:M   -.";/;.::«•„„„.  0.u.epp.  .W.e.a.e  o,   U...,-   to  ,e.„nd   con.     ^^ 
T;:::;::::..W.l.H.»od;A.n,e.a.;Co..»e.-B.be,.o;  delegate, .f.<n..nt  ^ 

xi^'sun.'  dVie^tV  of  chui,.  n.  so,  „nd  '•■""<-";•";:;;  .^„,„.,. ! ! ! ! ! ! ! ! ! ! !  ■.■.■.■.■.■.  is 

v,df I    Axel,  delet-iite  "f  Derinmrk  to  »e d  ,M.nr,T.'n,'.  .     

u;^uu..c.. ...  vouuve. ;;---  ^^^'^^i;:;-  ::r;;:;;  '';:";;,t«„d  .eco..,  con: 

Villa  Irrutln.   WenrmUo  R»mlr«  dr.  aeiek,i\ie     i  .1  j^ 

vr::T:u„.ae;Ue.«.te■of■I.i,,e„;.;..«^>«^st^.■.J;«e^  « 

VInarotr.  Major  c;ro«al  Vrb.n.  delep,  e  ,.f  It U.M.r U   '"  ^^      ^       „.^ 22 

v..„ddH.  -'i:;j»-'-,--;^rf  ;^.:"  .^."rm^'a^auio,,,..  „ro.„co,...  2«. 

;^:rr;i:t:no:  ~..  --'-----,:;-•-'«;::':=.;:.:.■.■:  ^ 
:;;r":r.r^^.ro;!i;:;;:^"^r;::^^        :;:::  ^ 

i::^,:^.r^;::.:i::;'c^.o:"-"^'"-^teof..^^  ^3 

J::i::w,M.Jo,«,„,rai;  de.;.n,eoflU„»into  ^e^nd  conference 21 

l:ZXvor,i  A.,  delegate  of  ''"V\""n;~        ■..;■.■,■.■.■.•.•...:....     1« 

r:  r ;r r K.;^  ^:u:  ::^.»^: -;:rn.n.  .o ..  „na  .ec„nd ...  ^ 

rJ^irthevaller  Loo..;  delegate'  of'  Italy  to'  flr.t  conference " 


f-mm 


INDEX-DIGEST 


Abbrei'iations 


a annex    (i.   t.,   the    Regulations   annexed   to  the    1899   Convention   II   and    1907   Conven- 
tion 1\'). 

d draft  convention  on  a  judicial  arbitration  court,  being  the  annex  to  the  1907  Final  Act. 

f Final  Act. 

(m)... modified    (appears   where   articles   of   a    1907   convention   are   modified    forms    of   same 
article  in  corresponding  1S99  convention). 

(n)...new   (appears  where  articles  are  new,  though  the  con.cntions  in  which  they  appear  are 
revised   from   1899  conventions). 

p preamble. 

The   Unman  numerals  refer  to  the  numbers  of  the  conventions  as  given   in   the   Final 

.-\cts,  pp.  2S  and  26. 
Italics  refer  to  the  article  numbers  of  the  various  conventions. 


Aildltlonal  protoeol  to  prlie  court  convention 

signatory    powers    


when  recourse  to  international  prize  court  is  only  in  an  action  for  damages.  ; 

in  an  action  for  damages,  article  K  of  convention  XII  not  applicable,  .? 

rules  of   procedure  in   action    in  damages,   -1 ■ 

»uit    for    damages    to    he    brought    by    written    declaration    addressed    to    int.-in.ition.il 

bureau,     5     

international    bureau   shall   notify   government   of   belligerent   captor   of   declaration    of 

action,  6    

transmission  of  case  to   international  bureau,  6 ■ ■ 

transmission  of  record,  after  decision,  by  court  to  government  of  belligerent  caitor,  7. 

additional   protocol   an   integral   part  of  convention   XII 

adherence  to  protocol  subordinated  to  adherence  to  convention,  p 

Adhrnlon  of  non-olxnatory  Mates  to  I8»9.  I.  anil  1907.  t 

si>ecial  arrangements  regarding,   1899,   I,  60:    fO?,  I.  p.)(m) 


Page 

.    ,208 
.    204 


206 
206 
206 


207 
207 
207 
207 
207 


AdheittonB 

conditions  of  adhesion  to  1899  conventioi.  1,  1899,  I.  6n. 
conditions  of  adhesion  to  1907  convention  I,  1907,  I,  oj. 

to  prize  court  convention  and  protocol. 

tables    of 


79 

79 

207 

.  2.-<5 


AdmlnUtratlon  of  territory 

occupant    of    enemy    country    can    levy    additional    monev    taxe=    only    fnr    amy    v.tctU 
and  for,  1899,    Ila,  49:   1907,   IVa,  40 


AdmlnUtratlve  ronnrll  at  The  Haxoe 

composed  of  diplomatic  representatives  of  tie  powers,   1S99,   1.  ...» 

controls    international    bureau,    1S99.    I,    ^S 

duties   of.    1899,   I.   .'S;    1907,   I.   JC'm) 

fulfils  same   duties   for   international   prirc   rourl   as   for      erm.inent  c'lrt   of   art  itration. 

19P7,     Xn.    .'-• 

fulfils  same  duties  for  judicial  .arbilration  court  a*  for  periranrnt  Ci-.-rt  of  arliiirati^-n. 

1907.    d,  f*     


62 
62 

62 

194 
34 


:^:-Mkim^':jm.M^;-i:r-r  M 


■M-^:'J^^ 


l-i< 


258  INDEX-DIGEST 

Pif* 
Aervplann.     See  Aircraft. 

*•"'•„  may  a,,.oim  ag.m,  befor,  international  r"«  --'•  >""•  '^"'  '> 'JJ 

also  permanent  court  of  arbitration.  1899.  I.  37:  1907.  I.  6^ 

AcrirultiirsI  work*  b»lonKlo«  to  tb«  atate  ^^^ 

treatment  of,   1899,  Ila,  si:   1907.   IVa,  » 

^'""".■ons    probibi.ing    .auncb,n«    of    rronC.es    an<t    ex,.lo,ives    from.    1899.    IV(1);  ^^^ 

ig07,  XIV,  lexis  (sec  also  marginal  notes) ^^^  ^^^ 

signatory,   ratifying   and   adhering   powers '.'........' 221 

denunciation,    metl'od    of    ■ ,,, 

bombardment  of   undefended   rlaces.   1907,   IVa.   .'iCm) ^^^ 

legitimate  uses  of,   1R99.   Ila,  ,?o;   1907,  U's,  .V-  •  •  ■    ■  •  ■  •■■••■■ 

seizure  of.  hy  belligerent  in  occuined  territory.  1907,  IV  a,  5J(m) '  » 

Allena  ,    ,  29 

.    relation  to  military  charges,  laru  concerning,  19U/,  I 

Ane«l»nre  to  orciipyltiB  enemy  jjj 

inhabitants  of  occupied  territory  need  not  swear.   1907.  IVa.  « 

Ammunition.    See  Munition"  of  war. 
Anchored  r.ul>marlne  mine.,    i^ee  under  Mlnea. 

"u'^al  railway  tr.aterial  in  territory  of  belligerent,  1907,  \'.  19 "' 

Annual  nporf  of  Judlolal  arhltrallon  court  jj 

shall  be  made  to  powers  and  judges.   1907.  d.  15 

*Tin'erna,ionaI  pri.o  co.irt  decided  hy  local  law,  after  decision  of  na,i.  oal  rri^e  court.  ^^^ 

metlod    of,    19117,    XII.    6 '.'....  196 

of  other  parties,   1907,   XII,  .;,' _• 196 

respondent  receives  copy  of,   1907,   XTI,  3J 

Arhitriil  award.  ....         ,  .„    .ono    t    ,,     1907    I    li 54 

report  of  international  commission  of  inquiry  is  not  an,  1899,  T,   M.    IVU/,    I,  .?5. 

Arbitral  Ju«tlcc.     Sec  Arliltrntlon  court. 

Arliitriillon.  coiniiiil-or.v  27 

declaration    respcctint!,    1907,    f 

Arhllratlnn   court.  Judicial  28 

t,ii4    concerning    1907,    f '  "  ",'r,'n'-"  \ ...      31 

draft   c,  rvnti-.n     relative   t"   the   crcntwn   of   .n,    l"".     d ■  '  ^^ 

"'adn'ln;^^ra,i:e';.:«nc;i  of'  peroianen,  Vmirt'  0/  a;hi.ra,i:n ■;;:;,-. ^cs  .ao,c   functions  ^^ 

with    res-,  ect   to   iudiri.ll   curt   of  arhilratp  n,    ;.• ■■  ^  ^^ 

agreement    to    conslitule.    r • jj 

annual   report  shall  be  ma.h-  to  p.ovcrs  and  judp,-5.   ;,i '.['.'.'.'.'.'.'.'.  32 

delegation,  organiialiiin  ..f  the,  6 j^ 

international  bureau  arts  as  rcnisiry  to  court,  :.; .............  31 

judges,    character    of.    .' 32 

method   of   ranking.    4 ' 32 

shall  serve  12  years.  3 


INDEX-DIGEST 


269 


rage 

can  not  be  counsel   for  party  before  the  court,  7 33 

can  not  decide  cases  in  which  thejr  have  previously  taken  part,  7 33 

compensation    for,    9     33 

enjoy  diplomatic  privileges,  5 32 

may  also  be  judges  of  international  prize  court,  i<^ 35 

receive   no  compensation   from   own  or   other   8o\erninent.   ;n 34 

required    to    take    oath,    5 32 

meetings  of  court,   14 34 

president  of  court,  how   elected,  8 33 

•its  at  The   Hague.  11 34 

sits  elsewhere   with   consent  of  parties,  // 34 

vacancy,  manner   of   fillirg,  3 32 

competency    and    procedure   of 35 

contracting  powers  only  may  aiM'ly  to,  ^f 36 

costs,   how    paid,   ^ 38 

court  follows  rules  in  1907,   I.  except  so  far  as  this  convention  provides,   .'.' 36 

court  may  deal  with  all  cases  submitted  in  virtue  of  special  or  gcntral  trealus,  ;7-  ■  35 


decision   is   made  by   majority,  i7 '' 

is  signed  by  president   and  registrar,  iS 38 

must  contain  names  of  judges   taking  part,   j8 38 

must   give    reasons,   ^8 • 

delegation  can  decide  cases  by  summary   procedure,  ;S 35 

each   party   nominates  a  judge  to  the,  ^ 36 

if   acting   as   commission    of    inquiry,    each    party    may    nominate    any    persnn    to 

the.    io    ■'* 

may  draw  up  comf      mis  if  parties  agree,  10 33 

or  in  ca«e  of  dispute  governed  by  general   treaty,   JO 36 

or  in  case  of  dispute  originating   from  contract   debts,   19 36 

may    hold    inquiry,    18 ■'' 

method  of  voting  in,  ^o.  38 

proc-dure,    30    ■ 

discussions  are  under  control   of  iiresidinj,  officer.  j6 37 

expenses  of  the  court  are  borne  by  the  powers,  31 •" 

international   bureau   serves   as  channel    for  communications   to   judges,   ^4 37 

languages  to  be  used,  court  determines,  ;.? 37 

modifications  to  present  convention,  court  may   propose.  3S 38 

notices   to   be   served,    how,   1} ^' 

procedure,  court  di  aws  up  its  own,  3J 

proceedings   are  secret,   i7 

Arbltrntlon,  Intrrnatlonal.  See  also  Arbitration  procedure:  International  commU- 
alnna  of  Inquiry:  International  priae  court;  Arbitration  court.  Judicial;  Arbi- 
tration, permanent  court. 

convention    for   the  pacific   settlement  of  international   disputes,    1899,   I;    1907,   1 41 

is   most   effective   in   questions   of    a   legal    nature    and    in 

national  conventions,    1899,   1,  16;    1907,  I.  5« 

object,   1899.   I,   :f:   1907,   I,  37 

obligation  to  submit  to  award.  1899.  I,  18;  1907.  I,  37(m) 
of   contract    del.ts.   award   shall    determine   validity, 

claim    tn,    1907,    II.    t 

powers  should  have  recourse  to  international  arbitration,   1907.  I,  .tS(n1 
right   reserved    to   conclude   special   cr    general    arbitration    treaties, 

I,    40    

subjects  embraced  by  convention,  1899,  I,  17:  19<17,  I,    w 

Arbitration,  permanent  court.     See  al«o  AdmlnUtrallTe  council. 

arbitrators,  each  power   shall   select   four,    1890,    ;,   ..i;    1O07.   I,    !4   ■ 

death   of  judge,  vacancy  shall  be  filled  in  manner  of  election   in  case  of,   1899,   I,  13: 
1907,    I,   « 


the   interpretation    of    inter- 


amount,    and    time    of    pa\nie! 


S5 

....  55 
. . .?6,  55 
t    .,f 

89 

....      55 


1S99.    I,    W:    1907, 


56 
56 


58 
58 


^JvVvi 


:>.?" 


H-.xf 


270 


INDEX-DIGEST 


Page 
59 


.nd  for  fr«h  period  of  lU  year.,  1907.  I,  «("<). 

int^riiatloiml    Sureau.     Soe  nUo   lnUrn«tl«B.l   bur«u 

disputant  can  addre,.  note  indicating  «•"■"«""•,"  "V,n7    I    JnnO  «1 

i.  «  di.ro,al  of  any  board  of  arbitrat.on.    899    I    ^;  1907.  I,  *;(m) » 

.hall  be  record  office  of  court.  1899,  1.  ».  1907.  I,  «.  . .  ■  •  • „ 

judge,  .evera.  power,  „,ay  ,e.c.-  the  «me.  1899,  I    O.  1907.  1.44 

judges,  enrolment  of.   1899.  I.  IS:   1907.   I.  4<(n.) 

maintenance  of.    1907.   I,  4/(m) ....•• ■■■■■■''];. 

,„ember,  l.ave  diplomatic  immunities   1899.  1,  ,4:   1907,  I,  ^5 

method  of  calling.  1899.   I,  24;    1907.   I.  *i(m). 

method  of  forming.   1899.   I.  14:   1907.   I.  «(m) -^ ■■■ 

Ton-signatory    powers   may    take   advantage   of   the   court   by   agreement, 

1907.    I.    ¥7(m) • 

organization  of  court  undertaken,   1899,   I.  w... ... 

permanent  court  shall   be  competent   vnlesi   ipecia 

1907,    I.    ♦? ] . 

iti  at  The  Hague,  1907.  I,  «(n) • 

.ix  year,  is  term  of  judges.  1899.  1,  «;  1907,  '• /^,-- ■-,;  Y,„V' ^ '.»(„)  ■'■■'• '•'•• 
third  power  may  remind  disputants  of  existence  of,  1899.  I,  >7,  1907.  I.  ^s^m, 

this  is  not  an  unfriendly  act.  1899,   I,  17:   1907.   1.  4i •■ 

powers  should  have  recourse  to.  1907.  I,  i»(n) 

Arbitration  procedure  ,.,907    - 

advantage,  attending  regular  organisation.  1899.  1,  P.  19U/,  .,  ;,  , 

be   retained  by   each   party   before  t  ir    Iriounal.    isvv.   1.  }7 


1K99,  I,  l6\ 


tribunal  is  created,  1899,  I,  31; 


£2 


S8 
58 
57 
60 
60 
59 

61 
57 

57 
57 
59 
61 
61 
55 


41 


1899,  1,  33:   1907.  I.  <« 


I.  TOCm). 


agents  and  counsel  may 

1907.    I.   61 

arbitrator,  selection  of.  1899,  1,  3!:  1907,  I.  }}.... 

arbitration  procedure  when  sovereign  is  arbitrator  . 

award  of  tribunal  binds  only  powers  signing  compromx,.  1899,   I,  }«,  1907,  1.  »< 

is  read  in  public,  1899.   I,  i3:   1907,  1,  So.. ' '    ■  V  '  ,.„' V  '  i«"l907  '  I '  «. 

may  be  revised,  if  the  right  is  reserved  in  the  compromxs.  1899,  I.  55,  1907.  1,  S3 

must  Rive  reasons,  1899.  1,  y;  1907,  I,  79. 

must  have  signature  of  all   members.   1899.   I,   5^-..^_^_ 

must   have   signature   of   president   and  registrar,    1907 

puts  an  end  to  dispute  without  a,peal.  1899,  I,  5^;  1907,  L  «'•■•-. 

shall  be  referred  to  tribunal  in  case  of  dispute  a,  'o. "«"'""•  '^f 
commission  form,  tribunal  when  it  draws  up  comprom^..  1907,  I.  3»(n) 

"-::^^'::^m^::;  -«'— -  ^-'-rr'^'ir- '•■'^'"!:;::::;: « 
-:=  -.  ^^.  vt = ^""^  o-^-r  r£  ri^rr^;;-; " 

case  of  general  arbitration  treaty  or  dispute  on  contract  debts.  1907.  I.  53W . . . 

counsel  may  present  arguments  orally.  1899,  1,  4y.  1907,  I,  70 

may  raise   objections,   1899,   I,  46;    1907,   I,  7' ^ .''i.H    "lR99     1     iv 

death   of   arbi.ra.or,    position   filled    in   same   manner    as   I;";    -"   '"^"''•"'"'    ';.  ;'^'     „ 

decisi!rofir'Lnal 'is' by' majority,  1899,  T,  jr:  ''"'Jv^*,' 't  '  V, " 

on  objecti,        raised  by  counsel  is  final.   1899.   I.  4^:    1907,  I.  7' :;::::;..:      73 

deliberation  of  tribunal   is  private,  1899,   I,  J/ jj 

and  proceediHRS  arc  secret,   1907,   I.  7S(m) •  ■  '  ' ' j, 

73 


68 
66 

67 
7J 
74 
74 
73 

73 

73 

74 

I,  S^(n) 74 

67 

64 

66 


65 

71 
71 


1899,    I, 


discission,   1899,   I,  39:    1907,    I,  6.! 

close   cf.    1899,    I,   5";    1907,   I,  77 

how  conducted.   l899.   I.  4:;   1907.   I,  « 

documents  produced  must  he  cnmmun.catcd  to  opponent 

certified   copies   of,    1907,    I,   (ij(mV..^ ;on7'lS< 

exrenses  of  tribunal,  how  hnrne.  1899,  1.  J";  1907.  I.  8} 
inf-.rmation,  parties  aRree  to  furnish  all  necessary 

:-— ^^''r::A'':;^:r:.cc,:r"y'r;rbu;ars    .merprcation    of    a   convention 
intervening    powers,    stales    ancLini    i.j        v  ...      75 

may  become.   1899.   I,  56.    1907,   I,  «J 


1907.  I.  75<n)  • 
1899,  I.  Vi.  1907.  I,  Si.  .. 
the    tribunal's    interpretation    of    a 


•^/at- 


lYi?.*'' 


INDEX-DIGEST 


271 


Page 
judges  may  not  be  agents,  counsel,  or   advocates,  except  for  power  which   appointed 

them,    1907.    I.    li^(n) 68 

languages  to  be  used  decided  upon  by  tribunal.  1899.  I.  J* 68 

if  compromis  docs   not  provide  therefor.    1907,   1,  6i 68 

members  of   tribunal   may   put   questions   and   ask   explanations,   but    these   are    ;    t   ex- 
pression of  court's  opinion.   1«99,   I.  47;   1907.  I,  7/ 71 

notices  to  be  served  on  territory  of  a  third  state,  shall  be  served  by   that   state    at 

request  of  tribunal,   1907,   I,  74(n) 72 

preliminary  proceedings,   1899,  I,  39;  1907,   I.  6j(m) 69 

submiss     n  of  new  documents.   1899.  I,  41;   1907.   I.  67 70 

president  of  tribunal,  how  chosen.  1899.  I,  34;   1907,  1,  sr 67 

revision  of  award,  method  of  de.nanding.  1899.  I.  JJ;  1907.  I,  >j 74 

rules  in  this  convention  shall  apply  in  default  of  others,  1899,  I,  30;  1907,  I,  5;(m)...  64 
Bumtnary 

agent,  each  party  has,  1907,  I,  S^Cn) 77 

arbitrators,  method  of  selection,    1907,   I,  «7(n) 76 

oral  explanations  from  agents  or  witnesses  may  be  demanded  by  tribunal,   1907.   I. 

90(n)     77 

proceedings  are  written.   1907,   I,  po(n) 77 

rules   for,    1907,   I,  m(n) 76 

time  in  which  cases  must  be  submitted,  tribunal  determines,  1907,  I,  8S(n) 76 

witnesses,  each  iiarty  may  summon,  1907,  I,  90(n) 77 

tribunal  does  not  meet  till  pleadings  are  closed,  1907,  I,  6j(n) 70 

is    com|>etent    to    interpret    compromis    and    apply    international    law,    1899,    I,    4^; 

1907,    I,   7i 72 

may  consider  and  demand  new  documents,  but  must  communicate  same  to  opponent, 

1899,   I,   43:   1907,    I,  iW      70 

may  issue  rules  of  procedure,   1899,  I.  49;  1907,  J,  74 72 

method  of  constitution,    1899.    I,  31:   1907,   I,  .y(m) 66 

place  of  meeting  can   not  be  change''   without  consent  of  parties,    1899,   I.  jj;    1899. 

I.  36:   1907.   I.  60 61.  67 

in  territory  of  third  power  with  latter's  consent.  1907.  I.  wtn) 67 

ordinarily  at  The  Hague.  1899.  I.  ^6;   1907,  I,  60 67 

Arbltralora 

selection  of,   1899,  I,   3i;   1907,    I,  5} 66 

method  of  selection   for  summary   procedure,    1907,   I,  87(n) 76 

powers  shall  each  select  four  persons  to  act  as,   1899.  I,  ^3,  1907,   I,  44(m) 58 

Argentine  Republle 

adhesions    and    dates    thereof 230 

delegates   '  '   second    conference 4 

reservation   to   1907   Convention   11 92 

to    1907   Convent;. .n    V 140 

signatory   of    1910   additional    protocol 203 

Armaments,  llmllslion  of.     Ree  under  Limitation. 


Armed  land  forces 

consist  of  what.   1899,  Ila,  3:   1907,   IVa,  3 108 

Armies 

signatory  powers   shall   issue   instructions  in   accordance  with   laws  and  custums   of  war 

on  land  to.   1899,   II,  1;    1907,   IV,  ; 102 

Armlstir? 

defined;   duration,    1^99.    Ila.    ■6:    I'Jrt;,    I\a,   .» 121 

g-neral  or  local,   1899.   Ila,  3;;   l';07,   I\a,  37 121 


•h.I 


272 


INDEX-DIGEST 


muit    OK    notified    in    good    time    to    comprtent    authorities    and    troops,    1R99     Ila      ig' 

1907,  IV«,  jl  '.....'....'.  \2l 

regulation  of  intercourse  in  theater  v(  operations,  1*99,  Ila,  id:   1907,  IVa,  (o 121 

•uspeniion  of  hostilitiei,   1S99,    Ila,  .?S;    1907,   IVa,  .!* |2i 

violation  by  one  party  given  other  right  to  denounce,  1899,  lU,  40:   1907,  IVa,  40 122 

by  private   individuals  gives  right  to   deinsnd   punishment   thereof  and  compensation 

1899,  Ila,  4'-,  1907,  IVa,  41 122 

Arnif 

causing  unnecessary  suffering  foibidden.   1899,   Ila,  jj;    1907,   IVa,  j} 116 

do  not  remain  properly  of  prisoners  of  war,   1899,   Ila.  4:   1907,   IVa,  4 108 

neutral  power  need  not  prevent  export  and  transport  of,  190",   V,  ; 134 

occupant  of  territory  shall  lake  possession  of,   1899.   Ila.   <»;   1907,   IVa,  }i 125 

even  if  property  of  private  individuals,  hut  latter  sliall  he  restored  at  end  of  war  and 

compensation   made.    1899,    Ila,   f},    1907,    IVa,  5.) 126 

Poisoned,  are   forbidden,   1S99,   Ila,  iS:   1907,   IVa.  .'; 116 

Army  at  oeeupstlon 

can  lake  possession  of,  what.   1907,   I\'a.  ,5.t 125 

militia  and  volunteer  corps  part  of,  when,  1907,  IVa,  1 107 

AH 

during    bombardment    besieged    must    designate    buildings    devoted    to,    1899,    Ila,    .7; 

1907,   IVa,  ^7;    1907,   IX,  j  (by   naval   forces) 1  IS.  158 

besiegers  must  spare  as  far  as  possible  buildings  devoted  to,   1899.   Ila,  ^7;   1907,   I\a. 

^7■.    1907,   IX,  s   (by   naval    forces) 118.158 

occupant    of    lerriKTV    shall    treat    as    I'rivale    property    the    property    of    eslahlishnunts 

devoted    to,    1899.    Ila,    f6:    1907.    I\'a,    36 127 

property  of  art  cslahlishmenls  can  not  be  seized,  destroyed,  or  intentionally  damaged. 

1899,   Ila,  i6:    1907,    I\a,   .«S 127 

Aftithyxialing  or  deietrriouH  ganen 

declaration  pmhihiting  dilTusion  thereof.  1899.   IV   (J) 225 

siKnatory.    ratifying    and    adhering    jiowers 226 

denunciation,    method    of    225 

AHRaultH.     .^ee  Bombardment. 

AHHeMHor.     Sep  midor  Internalional  prlie  eourt. 

AHyliim 

to  lanrl   forces.   1S09,    Ila.    <;,  3.?;    1907,  V,   ;(,   w 1.'7,  l.'S.  1J5 

to  naval   forces.      Scr   order    Neutral  portH  and  waterfl. 

to  prisoners.    1*J07,   \'.   i.^   i}^ 

to  wounded  and  sick.   1S')9,   Ha,   50.  (V);    1907.   \',   14.   Ifi 12H.  129.  l.t? 

AttnrneVM 

who  may  act  for  t  rivatc  individuals  bofure   intt  rnational   pri/t    ,-'  i,rt.    I9i)7.   .\II,   ."i    .  .  .    I'Ji 

AuHtrla-llungar.v 

delegates   to    first    and    second    conferences , 4 

ratifications    and    dates    thereof J.tu.  236,  23? 

reservation   to    1907    Convention    I\' 131 

signatory    of    1910    additional    protocol 208 

Autoinatle  rontaet  mines.     See  Mine*,. 


AtK-ard.     See  also  nndor  Arbitration  prneedure. 

in    arbitration    of   contract    debts   the   validity,   amnunt,    and    time    of    payment   of   clair 
shall  be  determined  by,   1907,  II,  ^ 


V?*^ 


wtmm 


INUEX-UIGI-ST 


273 


Page 

jiuwrrs  aK'rcf   luit  ti)   um'    furie   ui  tnllcclmg  cuturact   debts  except   when   debtor   refuses 

lo   arl.ilralf   nr  tarry    uut,    \'JU7,    11.    ; 89 

Dailoon*,  ric.     See  Alri  raft. 

BriKlum 

(!tli«atts    I')    tirht    anil    second    cnnference^; 5 

ralilR all. Ills    and    dates    tlifreuf 230,  2J6,  237 

siK'iat.  ry    of    I'^IU    additional    |  rotocol 208 

BrIllKrrrnt.     See  tilsu  War  on  land;  Naval  war. 

army,     neutral     I'ower     is     ivt     rcsi  "n^ihle     if     ;  eraons    cross    frontier     singly    to    join, 

l')()7,    V,    (5 134 

can   not   erect   telenrai  li    station   on    neutral   territory   or   make   military   use   of   one   so 

erected   bef..re   the   war.    1907,   W    j;    1907.    \',   < 133,  134 

can    n-t    la\e    more    tlian    three    war  slnjis    in    li.ir!)or    of    neutral    at    one    time,     191)7, 

XIII,     li     212 

can    not    move   troops   or   munitions   of   war    across    neutral    territory,    1907,    V,   j;    1907, 

y.    5     1,13,  134 

controls   hospital   ships,    1899,    III,    4.    1907,    .X,   4 165 

convertinp   merchant    si  ip   ii.  o   w.Tr-ship   must   announce   the   fact.    1907,    VII,  6 147 

may   appeal    to    neutral    merchant    shiis   and    yachts   to    take   sick    and    wounded.    1907, 

X.    otnl     168 

may  demand  that  si^k   and  wr.unded  on   hospital  ships,  private  yachts,  etc.,  be   handed 

over    to    it,    19117,    X,    l.'fnl 170 

must    institute    bureau    ut    infr'rniation    ret^ardinR    prisoners    of    war,    1^99,    lla,    14; 

1907,   I\'a,   14 112 

must  pay  for  support  of  internid   troops  by  neutral,   1907,   V,  /.' 135 

warship      See  \Var-nhl|it«,  hrlllBerenl. 

B^lllff^rentH 

after  eiiKagemcnt  shall   take  care  of  shipwrecked,  sick   and   wounded,   prevent   ill-treat- 

merit    of.   and  examine   the   dead   before  burial.    1907,    X,    /6(n) 171 

and  neutrals.  tuM  concerniiiK  coiun.crcial  and  industrial  relations  between,   1907,  f.,..  29 

are  limited  as  to  means  of  injurinp  enemy,   1!^99,  lla.  .v:   1907,  IV'a,  i^ 116 

capitulati'  ns  between,  involve  what,  1907.   I\'a.  ,?5 120 

communication   bet-.teen.   by   parlementaires.    1907,    I\'a.    ij 119 

flag  of  truce,  use  of.  in  communicating.  1907.   I\'a,  S- 1 1^ 

general    rule    of  conduct    for,    I9il7,    IVp 101 

interned  in  neutral   territory.   1907.   \'.   n,   /.'.   IJ.   14,    '^ 13.^.  136 

must  respect  riphts  and  lerrit.Ty  of  neutrals.  1907.  XTIl    /;  1907,  V.  i 210.  133 

neutrals   must   show   inniartial    treatment  to.   1907,    Xlll.  «;    1907,   \',  9 211,134 

recruiting    in    neotral    territory,   rule   concerning.    1907,   \',    4 134 

to    notify    neutrals   of   existence   of    war,    1907,    111,   .? 96 

BrlllRerentN,  qiiallflratlonH   of 

cirtuicale  or  di'-tinctue  ba.!i;i  s   renoired.   -hen.   1S99.   ITa.   ;:    1907,   IVa.   ; 107 

combatants  and   non-combatants.   |s'99,   Ila.    ;;    1907,   l\'a,  3 108 

commander    reipiired    for.    1S99.   Ha.   ;;    r'07.    IVa.    J 107 

conditions   reipiired   for,    1?99.   Ila.    f.  .';    1907.    l\a.   ;.   .' •17 

distinctive   emblem   retiuircd   for.    l.'=99.    Ha.    /;    1907.   I\'a.   / 107 

sign,    re.iuirements   for.    1?99.   Ila.    l :    1907.    IVa.    ; 107 

irstrurtinn    in    laws    of    war    required.    ISOI,    Ua.    ;;    1907.    IVa,    ;;    1.'<99.    11,    /:    1907. 

IV.     , 107.102 

Ic-.e,-  ,-11    "iit.t.-,   IP99.   Ila.  .';   1907.  IVa.  !(m) 107 

militia,    !!;99.    TTa.    j :    1907,    I\'a,    ; 1  '7 

should  carry   arms  openly.    1S99.   Ila,    :;    190,  .   I\'a.   , Iii7 

to  lonforni   to  law.,   of  war.    1899.    Ila.   ;:    1907.   I\'a.    J 107 

volunteers,   requisites   for  commander,    1899,   Ila,   /;    1907,    I\'a,  / 107 


■i 


wfimm 


l'yi(»r.' 


-If    ^>  ■->/■-. 


i,-;'-o,  J-'.  %"'-:.<:  s-;- 


^Tl^i 


'^'  '^-.h*' 


274  INDEX-UIGKST 

r>i< 

■'p':.';:,'':o,r.„.o„d.n„  d„.,ncd  .«  or  .roc„d.„,  fron,  b.ocW.d.d  ,.or,.  .907.  XI.  «.  .  . .    .«. 
by   iubmirine   min«,    190",   VIII,   l 

BoMd  ,  ,.„,    ...      ,  109 

lodging.  »nd  clothing  >.f  i>r.»oneri  of  war.  190,,  n  a.  7 

Bolivia  230 

adhMionj  and  daiet  ihtrcof   j 

dclcgatei  to  itcond  conference    jj^^  ,j|, 

ratifications    and    dates    thereof ,, 

reservation    to    1907    Convention    II ,Qg 

aignatory  of   1910  additional   protocol 

Bombardmrat.    8e»  alao  under  Aircraft. 

bjr  naval  forces,  30 

tir«    concerning,    1S99,    f ■•    ' ,57 

convention    1907,    IX,   text    (see   also    marginal    notes) -j    ^^^ 

aignatory.  ratifying   and  adhering   powers '  ^^^ 

denunciation,  method   of,   // '^'.''- j    i.[,.I„ 162 

reservation,   of,   Chile.   France,   Germany,   t.reat    Br.tam   and  Japan.  ..........  .^^^  ^^^ 

care   to  be  exercised,   >.i ■ j  jg 

for   refusal  of  contributions,   not   allowed,   * •  •  • j  ,g 

exemption  of  certain  buildings,  and  how  to  be  marked,  i i.' .W  [.'i .'!.'.'.'!!.'.' 157.  159 

military    necessity.    /,  « 157 

of  military  establishn'ents,  i 157,  159 

notification   to  be   given,   1.  (> 157 

not  permissible,  by  presence  folely  of  submarine  mmes    ; ^^^ 

^r^d;;^nderX:«";;^b;::::d^':^e,;  when    suPPlie,    ,mmediate,y-  nece„ary  ^a.   ^^^ 

refused,    i,  I 

"blildtg.  exempt  and  how  to  be  marked.   1899.  Ila.  .;;   1907.  IVa.  .7 U' 

notification.  1R99,  Ila.  >(,:   1907.  IVa,  i^...-- ,„ 

of  undefended  places,   1899,  Ila.  >y.   15J7.  U  a,  .} 

"nt^."'  "Tc"    not  be  confiscated.  18,9.  lia.  ^.  .7;  .907.  ,Va,  ^.  .7 '" 

Braall  230 

adhesions    and    dates   thereof j 

deleRatcs  to  second   conference    !.!''!.....  .236.  237 

ratifications    and    dates    thereof gj 

reservation  to  1907  Convention  I 

Bodgeta                                                                                    .007    f  ^'* 

resolutions  conccrnini!  limitation  of  war.   1S09,  f:   1907,     

Bnlldlnga  118,137 

devoted  to  art,  etc.,   1907.   IVa,  n.   «S;   ""'■  1^;  •'■■•,„„,■,,•;«  1^6 

occupying  state  is  usufructuary  of  puWic.  ISW.  Ila,  55:   1907,  I\  a.  5.^ 

Balgaels                                                                                                                                        7 

delegates   to   first   and   second    conferences ,jg 

ratifications   and   dates  thereof ^  ^^g 

sigilL     ry   of    1910    additior:il    prolMcoI 

*dec'i*a'ation    prohiUtinc    us,-   "f   cxrandins   hnlleis.    1S9Q    text ^^'^ 

signatory,    ratifyinu   and    adhering    powers 


INDEX-DIGEST  275 

^    .      ,  227 

denunciation,    method    ot    '.l„V,\'  ii« 

,,roi.cfle.  c.u..mi  .uperfiuoui  injury,   1899.   lU,  ,»J»^    1907,  I\  .,  /J  » "• 

BarMU,  lnt»rn«lloB»l.    Se«  lBt»rn»lln>i»l  Bnrcau. 

Barl*l«  of  dewl  ... 

rriioncri  <■<  war,  1899,  Ila,  ;»;  1907.  IVa.  ;v 

•ubmarine,   1907,  IVa.  iJ(ra).  3^(n);   1907.  \,  S,  9 '-"• 

^'mi'iTbl'^n  acc.rdance  with  military  honor.  1899.  Ila,  3}:   1907,  IVa,  JJ 120 

mutt  be  icrupuloualy  obKrved.   1899.  Ila,  3}:   1»07.   IVa,  jj "" 

^'conv'ention  relative  to  certain  retlricliona  with  retard  to  the  exerciae  of  right  of  cai,- 

ture  in  naval  war.  1907.  XI   (tee  also  the  marginal  notet) ^-   j« 

tignatory,    ratifying    and   adhering   powert '    ■  ^^^ 

denunciation,   mctl  >d    of,    13 

coatt  fithing  vestels,  etc.,  exemiit,  3 |^^    ^^^ 

crewt  of  captured  enemy  thipt,  treatment  of,  3.  4 

pottal  correipondence  exempt,  except  for  violation  of  b'oclcade,   / ^^^ 

neutral  mail  ships,  treilment  of,  i 

vestell  on   religious,  philanthropic   and  scientific   work  exempt.  4 ' 

personal  prot>erty  fou  d  on  captured  thipt,  1907,  X,  /;(n) 

private  hospital  ships  exempt.    1899.  Ill,  »;   1907,   X,  i ■■■■ -^ » 

medical,  religious,  and  hospital  ttaBt  are  inriolable.  1899,  III,  7;   1907,  X,  ;o 169 

Captures  And  bootj  ,.,       >  171 

private  property  can  not  be  confitcated,  1899,  Ila,  *S,  4T:  190-,  Ua,  ^.<7 12J 

"e'n'emy  cargo  on  enemy  merchant  vesteli  at  outbreak  of  hostilitU-s.  1907,  VI,  < H2 

authority  of  military  occupant  over,  1899,  Ila,  53:  1907,  IVa,  53 ''^ 

Cenaomhlp  In  occnpled  territory  j,^ 

presi,    1507,    IVa,   «(m) " 

telegraphs,  etc.,   1899,  Ila,  53:   I'''?.  IVa,  5J<ni) '- 

Certlfle»te  , , , 

private  ho.pital   ship,  must  boar,   1899,   III,  A   1907.   \.   ^ '^ 

of   identification   must   be  ca.ried   hy   newspaper   re,orters,    .utiers.   com. actors,   accom- 

panying  army,  1899,  lla,  13:  1907,  IVa,  U - 

Charitable  ettabllnhmenta 

shall  be  treated  as  private  property,  1899,  Ila,  f/f:   1907.    n  a.  56 .^.    1-/ 

should   be  dcMRnated   by  besieged   d-jrinR  bombardment.    1899,    Ila,   i7:    190..    '^  a-   -^:    ^.^ 

1907     .   ■     -    _  * 

.hnuld  he  spared  bv  heslcKcrs  during  hnmhardment.   1.^00,   Ila,  -'.-:   fO?,  IVa.  .-,-:    V'^^- 

IX,    i    ' "'•''' 

«•"'"  ,    ,  ,         ,  230 

adhesions    and    elates    thereof 

delegates    to    second    conference 


WMWimiWieif^&M^^Wl^i^^^,'m^mi-W: 


276  INUEX-UIGhsr 

rtKrvali.jn   <u    l'/07    Cdiivf nlion    1 i!'  .'  '54 

to    ivo;    (,m>riili.in    IX    .or"s6 

tu    1VU7    tiitnrnli.iri    XII "      '  iOlt 

•i(iial>  ry    "f    I'^IU   ail.liliujul    i.toiucol 

.a"!-w..s    and    .l.ltr.    t!uTrn( 2jn,  .'.16,  237 

il<-!(Hatr»    lo    l.i-t    ail. I    Ml  I  nil    lonlrrcnirs 

raiiUati.m.   .,,.1    ,l:...-.    tlK,.,.f ;^i'.  -J*'  "' 

lu    IWT    (■.r,u.p.ti,.n    XIII ^1», -S».  i59 

t'lalina.     S"-  .%rlillriltlon:   ContrBft  deblai    I'rli*. 

Coal.     Sfe   Fuel. 

rolunihl* 

idl.rsH.TH    and    ilatM    llifrfof 

drl.uju-.    t'>    'ir    nd    nmfiTinrr 

rfrriali'ti    tu    I'jr;    Ci.mf  rili.T    II 93,  J44 

aigiialcry   of    I'MO   additional    |  rolucol ^t"* 

C'ombalantH  and  non-ronihalantM 

»s  iTisniurs  ,f  «ar,  \>"><>.  Ila.  .i;   1907,   IVa,  j "*» 

Commrri'lal   relatlnn« 

bftwcrn   inli.ihitants   u{  bflliRerrnt   and   nnilral   co'intrics.   t  j»   cimccrnini;.    191)7,    f 29 

Comnil»lan  or  lnqulr)r.     See  Inlrrnallonal  romnilanloliii  of  Inquiry. 

CoDimiinpn 

it   is   f^.rt.iddcn  to  seize  rmi'trty   <■!.  If99,   Ila.   «i;    1907,   IVa,  fA 12' 

rtquivliins   in  kind   fxcfpt   for    nfci-«»ity   i.f   army    and   in   froriTtinn    to   rrsourcrs,   can 

iMi  !,<■  dcmandfd  nf,   1S<J9.   Ila.  y:   1907,  I\-.i,   V 1-5 

shall  \r  Iriatfd  as  ,,rivacr  I'rnrrrty,  the  property  uf,   l!*'>9.   Ila,  .<*;   T'         IVa.  ,</< 127 

ComniunlrAtton 

httw.rn  l.,n:.;.rents  hy  rntif tnrntairev   1R99,   Ila,  _i.\   <r.   1907,  IVa,  .!.>,  ,u 119,120 

nii-aP'   .  f,    in   nriitra)   rnunlrics,    1907,   V.    t.   .(.   J.   g U.',  U-t 

cKiirvini;  1.  uir   nay  ^ei7c  means  nf.  mnvt  rc-st' re-  Ihrni  .11   end  of  war  with  ii.ni|ins.T- 

ti.  n.    1^99.    III.    ~J;    1  "i7,    I\'a,   .v.-(m) 12* 

roni|>en*«iit  Ion 

f.r   I  ri'  nt.-  !  r^rrrtv  «firrd.   IS90    Ha,   M.   I'S;   1907,  I\  a,  _(.'.  S4(n'<.    !'^ I-'.  126,  127 

(rr  \i'.lnli'.n  .if  arn-.i-tiic  l.v   1  rivate  iprlividuals,   lf99,   Hn.  j,;    1907,   IVa,  .(J 122 

for    \i<'.iti"ns    of    rckiulalion*;    rest  ectinp   the    laws    and    rtistomi     if    war    on    land,    1907, 

IV.     !(r^      lOi 

romiiroiiil"       Sw    iiriiltT    Arlillrallon    proreilnre:     \rtillr»tlon    court.    Judlrlul. 

Tonferener   i»f  IRfl9 

Finnl       \rt      ' 

li*t   iif    deh'Bates    ■ 1 

Conferenee   (if    1907 

Tim'      Alt      1 

li"t   if   dfleRale!    ' 


INUKX-UIOI.SI 


277 


C*B*ac>tl«a 

private  pruprrly,   IKW.  Ha,  ^6,  <;.  yS.   Ivor,  IVa.  <rt,  <;,  y> 

(oalart  mlBr*.     S«*  Miara. 

Cuntrabsaa  of  war.     Srr  Muollluna  u(  war. 

CoBlrart  drbta 

a.ard  «hall  dtlrrminr  valiility,  aiii,.unl  and  limf  ,.(  laynunt  ..(  ilaiin  in  arliilrati.n  ..f. 

l')a?,     II,    .; 

c.nvcntiun   rc^|>falng  Ihc   limilal„.ii  cf  the  tnH.l..yn.i-nt   nf   fori.-   f..r   llif   rf^o^ciy   .,i, 

1907,   II   (»tc  al»o  thf  nianinal  mtrt) 

II.. I   In   u.c   fi.ric  c»icrl   wli.n   ili-M..r   nfu'i-.   i..  arlMlralf,   ..r   iJiiy   "Ui 


jiiiw.rs    iiKH 


award  attfr  arbitration  of,   1^07.   11,  /. 


Contrai-tura 

tnlltlid    I.'    Uci.liiKiit    i.Mv<-n    i.ris.imr*    of    war.    !■<'''>,    lla,    l.l.    ruiT,    l\a.    (,). 
must   ahi'W  ivrnli.alc   fr.irn   military    aiitli..rilic!,,    \l<'>'f,    lla.   n.    I'"-',    I'' a,    l..'. 


11-' 
lU 


Contrarta 

riKhls  and   aiti.jns,    ri07,    U'a,  .'.))i(n). 


117 


Coolrlliullon.     Se«  t\U'<  Krqulalllon. 

tolU-cti.in    of,   l«99,   lla,   .«/,   5; .    liJl)?,    IVa.  <g,   51 '-'■' 

failurr   to   [.ay    moniy   by   iindcftndtd   tii»n^.   na\al    bondardnu  nt   unautluiri/td.    1 '117, 

IX,    4     ''"* 

mvist  l.r  li-Nicd  only  t.y  aiilhorily  of  hnili  iiulitary  otT^rial.   IKW,  lla,  JJ .   I"ii7.  I\a.  -.i .  I-M 

fnu»t  br  U-vird  only  in  at.urdanr  with  l"ial  law,  nm,  lla,  ft;   VXIT,   I\a,  V 1-5 

receipt  shall  he  Kivrn  for,  1899,  lla,  s' :   l''"",  l^'a.  }' ''■'' 

ConvrntlooN  and  deriaratlona 

Final    .Acts  of   the    lir«   and   Second    Ilamie   IVace   Conferences 1 

Uraft  Tonvention  on  a  judicial  arbitration  court,  1907.  f,  d J' 

Conventions  of  1899   (I)   and   1907   (I)   for  the  pacilic   settlement  of  international   .li^- 


I'utes 


Conventions  of  1K99   (II)  and   1907    (IV)  respecting  the  laws  and  customs  of  war  on 


land 


inu 


Conventions  of   1899    (III)   and    1907    (X)   for  the  adaptation   to   maritime   warfare  of 

the   principles   of   the   Geneva    Convention "^ 

Convention    (II)   of   1907   respecting  the  limitation   of  the  employment   of   force   for   the 

recovery   of  contract   debts ^'^ 

Convention   (III)  of   1907  relative  to  the  oicninu  of  hostilities '0 

lonvention    (V)    of    1907   respectini!   the   rifthts   and    duties   of   neutral    powers   and    per- 
sons in  ca?e  of  war  on  land 

Convention   (VI)    of    1907   relating  to  the  status  of  enemy  merchant   ships  .it  the   out 

break   of   hostilities    '  ■" 

Convention  (VII)  of  1907  relating  to  the  conversion  of  mcrch.iut  ships  into  war  shios..  l<<i 
Convention  (\'III)  of  1907  relative  to  the  laying  of  automatic  submarine  contact  mi"es,  1=1 
Convention  (IX)  of  1907  concerning  bomba  iment  l.y  naval  f.'rces  in  time  of  w.nr  .157 
Convention    (XI)   of   1907   relative   to   certain   restrictions  with    reuard   to   the   exeni.'e 

of  the  riitht  of  capture  in   naval  war '"^ 

Convention  (XII)  of  1907  relative  to  the  creation  of  an  international  pri/e  court..,.  1S8 
Convention    (XIII)    of    1907    coir  rrning    the    rights    and    duties    of    neutral    low.rs    in 

naval    w  ar     ■ 

Declarations   of   1899    (IV.  1)    and    1907    (XIV)    prohibiting   the   discharge  of  projectiles 

and    explosives    from    b.illoons 

Declarati.ui    (IV.;)    ■(    l«''l    c  nccrning    ast  hvxiatir.K    c.Tcs 

Heclaratic  I.    (T\',  .^)    of    1P''9   ."ncernirr  expanding  bullets 227 


r'O 


^imwrn^^jm 


'W  1B\ 


Il  ] 


278 


INUKX-UIOtST 


{'••••nUB  ol  in'rrlwat  thlp*  •■«•  wBt-^Bip* 

con.r..l,..n  ,.li..v,  t..  the,   1W7,   VII   (wt  Ih.  muiin.l  nou.) . 


14* 
14* 


»Hii«t"ry.    tliilying    ind    •.Ihcring    poweri ^    ^^^ 

Jcnuncittun,   melliod  o(,   // 


('•■voir* 


US 


ol  evKuaiion,  Ihrough  neiiirtl  •l«n».  I'O'.  V,  14 '    ^ ^^ 

,itli   ind   wounded   pnioncr*   ol   war,    1TO7.   V.   IJ ^^^ 

mun.l.oni  and  mi-plKt  in  ntuiral  nrriiory,  l»07,  V.  / 


«orpa  of  c»Bb«l««U  _   Ij4 

can  1"  t  U  ("inied  in  nculral  trrnt"    •    l«07,  V,  ^ 

Corrrapondrnr*.    >*«•  PooIbI  corrr. .     .d»«». 

*^Vn''Ttt"«""**r*n  pmoncr.  -f  war.   18W.   lU,   /»;   I'O?.   IV..   M   "- 

Co>D.fl.      »»•    under    ArblltMtoo    pro.«lof.i    Ut«rB*IU»l    pri.o    c.rt.    I.Ur- 
aallonal  rammlaoioBa  of  Inquiry. 

Court.      S«   Arbltr.llo-.   p«««.«t   .o.rti    .*fbltr.»l.«   curt.   J«dlel.J>    UUr..- 
lloBsl  prlio  foarl. 


,t  ..  f,.rb,ddfn  to  dtny  national,  of  hoitile  party  rwourw  to.  1907,  IVa.  ij(n).. . . 
Crew.     See  under  Merehant  ahlps  I»ter««ieBt. 

*^'l'cg,'"'..'n'7„  prevent  p.ll.ge  of  Mck  and  wounded,  mi.u.e  of  apeci.l  mark.  ""1  >"^«" 
shall  be  enacted  by  the  power,  and  communicated  through  the  Netherland  Govern- 
nicnt,    1907.    X,    ."((n) 


117 


175 


CubB  2J0 

adhesions    and    dales    thereof „ 

delegates    to    second    conference 236  2.t7 

ratifications    and    dates    thereof MS  256 

reservation    to    nO?    Convention    XII '^'^^ 

sietiatory  of    1910  additional   protocol 

Duya  of  grore.     See  iii.iler  Merchant  ahlpa,  enemr. 


"lligercrt.  .hall   prevent  illtrei^tnient  of.  and   attend  to  examination  of,  before  burial.  ^^^ 

1907.    X.    ;«<n) v"",' 17> 

belli?erents  shall  inform  each  other  of  changes  in  list  of.  1907.  X.  /7(n) .  ,  .  . '- 

belliuerents  shall  send  to  each  other  mark,  of  identicat.on  of.   1907.   X.   ;7(n) yj 

collection  and  transmission  of  property  of.   1907.   X,    /7(n) 

report  to  be  made  of  dead  prisoners  ..f  war.   1907.   IVa.  14 

Drrlaratlona.     See  nlao  iiiulpr  rotiTentiona  and  deelaratlona. 

unsigned   declaration  respecting  obligatory   arbitration,   1907.  f 

DeelaralloB  of  war.     .^ee  Opening  of  hoatllltlea. 


172 
112 


27 


Defended   place 

although  unfortified,  may  he  bombarded.   1907.  IX. 


1S8 


INUEX-UIGEST  279 

I'HffC 

.„  |,,«r  con(eretK«  «(  1M»  •nd  >»07  by  tounlrlW '.'.'.'.'.'.[  itl 

>l|ih>b«lic>l    l»t    

I>«l.(»lUa.     Hw  uiidtr  UI*rMll.Ml  pH»«  «»»rli  ArMlrMI..  •••H.  iadtalal. 

Ocaaark  « 

d«l»gain  to  lir»t  •'")   wcond  con(ertnc«i J  JO   2  J«,  217 

raiiftntii^nf   tnd   d«i»«  ther«  >l    ^Dj 

ugnMoiy    of    1»I0    tddilionl!    Iirolotol    

DvBuaelMlaa  <22 

„f  •riMi.me.   1»M.   II..  «o;    H07.   IV  •.  #) ^     

o»  cunvmtion.  ind  d«cl»r»llon.   (Me  m.iiin.l   notei  to  coi,v»nlw..«.  tti.) 

oV'"*.|*"y    furtid^n    ««i.t    under    imi«r.ti>e    m.l.i.ry    n. -.Mity,    !«'».     lU.    /j;   ^^^ 
1907,    IVi,   ij    

Dlplomallr  laiaiaalty  „ 

„f  meml,.-ri  u(  i-rm.nem  ..hitr.li.in  court.  1»9'),  I.  «;   19"..  I.  *> ^^ 

u(  )udiei  "f  inlerniliunal  [irue  cnurt,   1907,  .\ll.  1} 

Damlaleaa  Kepabllc  2jg 

idhcuiiini    ind    date!    thereof ^ 

dele«»lf.    to    fctc.nd   cunlertnce 91   244 

ren.vitinn    to    1907    Convrntion    II 156*  252 

.0  1907  Convention  VIII 218   2511 

1907   Convention    XIII    • 

duty  o**neutr.l   power   with  res'"  to  i.tegutrJ  of  neutrality  of  iti  port.,    etc  ,   1907. 
XIII.  i>    

Damdum  ballet'.     ^»*  Balleti. 

ICrnailor  2J0 

ailliesiu,!.  .nd  datet  thereof 

delegatei  to  second  conference oi    ■>44 

reservation  to  1907  Con.ention  11 ion' ^56 

to    1907    Convention    XII 

lignatory    of    1910   additional    protocol 

Kduratloaal  eatablUhmeala 

can  not  be  .eued.  destroyed,  or  intentionally  damaged.   1»99,    Ila,   «S,    1907     IV.    jD..      27 
,haM  he  treated  a,  private  properly,  by  occupant  of  territory,  1899.  II..  J«;  1907,  1\  .,  j4.   127 

Enemy.     See  nlao  under  Forbidden  aet». 

belligerents  are  r«trKt.-.l  as  to  means  of  injuring.  1S99.  Ila.  iJ:  1907,   I\  a,  « 6 

belligertnls  can  not  force  action  againft  their  country  hy  nationals  of.   1907,  I\  a,  ij(n)    117 

means  of  injuring.     See  Mean,  of  Injiirinc  the  enemy. 

not  obliged  to  receive  flag  of  truce,  1899.  Ila.  -j:  1907.  IVa,  jj "^u 

E.plonage.     See  Bpy. 

Family  honor  .,,       .  m 

occu,  ant  of  territory  must  respect,  1099.  lla.  jV.  1907,  I\  a,  4« '" 


ZakUUK* 'it. .  CVEOElSJidLMiKS^^^^  j 


v..'<*i<  •' 


^fSSi. 


*t\ 


.u^i'^^^^mmsi^K^^^^^smmBmm^mm 


280 


INUEX-lJlCliST 


h.>i~'^ 


Final  Acl  '■*«' 

of   I'cace   L'unfereni.c  uf    Isyy ^ 

siKiiatory    puwcrs    "^ 

of  I'cacc  C'lHiftTciice  uf   lyU/ * 

40 
signatory    I'owirs    • _ 

reservatlun   u     Switzerland '*^-  '-^° 

FlabtDC  *ri>i>«li> 

for  coast  trade   arc  exempt   from  capture.    l''U7,   XI,  s "*■* 

unless   llicy   take  part   in   hostllilits,    lvil7.    Xi,   J '"^ 

not  to  be  used  for  liosule  purposes,   1907,  XI,  i l*'' 

Flmt 

national 

on  liospilal  ships,  lb99.   III.  5;   190".   >;.  5 ' 

of  enemy 

improper  use  forbidden,   1!<99.  Ila,  .'J.   1907,  IVa,  .'J 116 

of  truce.     See  l*arleineDt»lr«. 
red  cross 

on  hospital  ships.  1899,  III,  j;   1907,   X,  iCm) l^f) 

improper   use,   1899,  Ila,  ^J;   1907,   I\i,  23 "6 

Forblddrn  •ct* 

abuse  of  di:*tinctive  badges  of  (leneva  Convenilon,   1899,  Ila,  ,?.!;   1907,  IVa,  ,'3 116 

act  of  hostility  in  neutral   waters.   1907,  XIII.  -• ^10 

bombardment   of   undcfen.tcd    towns.    1«99.    Ila.   .•5;    1907.    I\'a.   ^) 117 

by   naval   forces.   1907.    IX.   1 157 

bombardment   of  towns  because  of  failure  to  pay   money  contributions.   1907.   IX,   4....  158 

bombardment  of  ti.wn  solely  because  there  arc  mines  in   tie  harbor,   19o7,   IX,  / 157 

confiscation  of  private  property.  1899.  Ila.  46,   1907.  IVa.  46 l-J 

denial  of  courts  10  nationals  of  hostile  r'arty.   1907.  I\'a.  .?.t(n) 117 

destruction  of  [iroperty  except  under  military  necessity.  1899,  Ila,  ^,?;  W07,  IVa,  .*.?...  116 

dilTusion  of  asphyxiating  or   delcteri  uis  gases.    1890 221 

improper  use  of  natinnal  flag.  1H99.   lla.  ^.?;   19,17,  IVa.  i'.1 116 

killing  or   injuring  of  disabled  enemy.   1899.   Ila.  .\t;    1907.   IVa.  i3 116 

killing  or  injuring  of  surrendered  enemy.   1899,   Ila.  ^.);    1907.   IVa.  .^3 116 

misuse  of  enemy   uniform.   1899.   Ila.  .',1;    1907.   IVa,  ^3 116 

pillage,    1899.    Ila.    47.    1907,    IVa.    47 ■-•' 

pillage  of  town  taken  bv  assault.   1899.  Ila.  .'S:   1907.   IVa.  .•«;   1907,  IX,  7 118,  15 

treacherous   killing   of    enemy,    1899.    Ila.   il:    1907,    I^^.    .',? 116 

use  of  arms  which  cause  unnecessar-.    sutTcring,    1899.   Ila.   .'I:    1907.   IVa.  .?,( 116 

use  of  poison  or  jioisoned  arms,   18^".  Ila,  >'?;   1907.   l\"a.  .'? 1 16 

use  of  j^rrjectiles  causing  useless  sufTering.  1899,  Ila,  ^r;  190',  IVa,  -'5 116 

Forces,  unorKanlsed.     Se^  I^evef  en  maHiir. 

Formtl 

oecuiiying  state   is  only   usufructuary  of,   189.,   Ila,  fy,   1907,   IVa    fj 126 

France 

delegates   to   first  and   seconl   eonfererces 10 

ratifications    and    dates    thereof 330,2.16,237 

reservations    to    1907    Convention   VIII 156,252,253 

to   1907    Convention    IX 1«2,  254,  255 

signatory    of    1910    additional    protocol 208 

Itiel   In   neutral   water* 

i|  Tinlifv    allow  nb'e   '  .  belligerent    war  ships,    1907.    XIII.    19.   ^0 2' J 


INUEX-UIGEijT  281 

I'age 

occu|.>.nB  -ij.c  ..ia>   ,t./c.   l»'J').   11a,  jj;   l>)l-,I\a,  w '-^ 

0»ii»h,  unpliyxlatlDK  ur  ilelel»rlou»  ^^. 

|iroliil;itKin  uf  diliu-Mil,    1SV'( 

rnrva  <  «nvrnlloii.     Sic  mIb.i  ilonpltal  »lili)». 

appM.'sto  hick  and  ^uu.ided.  l^v■^  Ua,  -•< ,  1W7,  IVa.  il '.'.i    ,\l 

interned  in  neutral  terntury,  IfW,  Ua,  Oo:    19'  r,  \  ,   15 '-^'  ^° 

improper  use  uf  Hie  insignia  turlildden,  1S9V,  Ua,  JS:   !'>"'.   IVa.  A! "& 

:ui<  concerning  revisum  of,  lb9V,  f ,  '      V     ,        iVmi 

conventiu-is    fur    tl.e    adaptation    to   maritime    uaifare    of    the    iruicples    of    the,    ix)>, 

loi 

IIJ;     1907,    X ■ 

signatory,    ratifying   and   adicring   powers.    1S99,    1907 1-6 

denuiiciatl.in,   method   of,    l.'i99,   r4:    1907,   .7 J'_^ 

execution  of  the  c.>nvention,   1907,  X,  -'O(ii) ■_' 

not    applicable    unless    all    belligerents    are    contracting    |.arties.    1K99,    Ul,    u;     190/.      ^^ 

X.    :ll     !l' 

aiiplies  onlv   to   forces  actually   ciuharke.l.    1907,   X,   .'-'Mil „'    ,V,' 

neutral   merchant  ships  rendering   asM-tance   to  sin,  wrecked  and  wouiuie..    1H99,    111. 

6:   1907.   X,  V \';1 

wounded,  etc.,   lan'led  at   neutral    p.tts,    19u7.    X.    i^tiu "' 

rescue   hy    neutral    war    vessels.    1907,    X.    /i(n) ^'J^ 

penalties  for  vlolati.m  of  c.mNention,   1907.    X.  .'Uli) ''■' 

Orrmany  . 

delegates  to   first    and  sec.oul  c.infereiici  s '.','  ,',^     ,,-, 

,     J  .1  .■  J  lO.  J.io.  JJ/ 

ratiucallons    and    dates    thereol     

reservation   to    IS99   Conventp  n    HI ii>    '';i'";i 

til     10u7    Convention    IV '  _    '  "]   '  ~" 

19U7    Convention     VI     1 '^  "!;',' V-i 

1907    Convention    VUl     ',    ,'~"'V-- 

1907    Convention    IX "' "'   '" 

1907    Convention    XIII     '         '^ 

signatory  of  I'.'IO  additional  1  rot.'Col    

Good  offlefs  and  mi-dlallon      S^l-  Mrdiation. 

Urrat  Britain  ,j 

adhesions  and  dates  thereof    ■ " 

delegates  to  first  and  second  conferi-nces - 

ratifications   and   dates   thereof •  ^ 

reservation   to    1899    Convent!. ui    III ii''"';,i 

to    1907    Convention    V .'    ',-,'V-i 

1907    Conventi.in    VlII     '"'!'",-'.-  = 

1907    Convention    IX     ""'^vi'Vift 

1907    C.mvention    X .'Jv'.-. 

1907    Convention    XIII     "    ^    V",j 

signatory  of    1910  additional   protoc.l    ''° 

Grewe  . , 

delegates  to  fir=t  and  second  conferences ^ 

ratifications   and  dates  thereof    ^^  -'^^ 

reservation    to    1907    Convention    1 94' ^46 

to    1907    Convention    II " 

4iun(einal%  .,. 

adhesion-    an. I    dates    thereof 


■  i>>'\-'f.-.'i?il'--.?^:ati 


m^^mmmFm^mm^^^^mi, 


282 


INDEX-UIGKST 


Page 

delegates   to  second   conference 13 

ratifications    and    dates    thereof 236,  237 

reservation    to    1907    Convention    II 94,^46,247 

to    1907   Convention   XII    208,256 

signatory   of    1910   additional   protocol 208 

Goldrs 

impressment  of,  in  occupied  territory,  1899,  Ila,  ii;  lyO",  IVa.  ;.;  ;•  (n),  34,  ^<(m) . .  117,  123 

Haiti 

adhesions   and  dates  thereof 231 

delegates   to   second  conference 13 

ratifications   and    dates   thereof 236,  237 

reservation  to   1907   Convention   XII 208,256 

signatory   of   1910  additional   protocol 208 

Honduraa 

adhesions  and  dates  thereof   231 

Hospital  ahlpt 

act  at  their  own  risk  during  and  after  engagement,  1899.  Ill,  4.  1907,  X,  4 165 

are  undir  control  of  belligerents    1899,  III,  4;   1907.  \,  4 166 

belligerent  may  demand  that  sick  and  wounded  be  turned  over  by,  1907,  X,  //(n) 170 

belligerent    war-ship    may    demand    delivery    of    sick,   wounded   and   shipwrecked,    1907, 

X,    /^(n)     170 

boats  of.   1899,  III,  5;   1907.   X.  5 166 

classes  of,   1899,   III,  l,  l,  3:   1907,   X,  /,  ^,  J 164,  165 

detainer*    by    the   enemy   must   haul    down   belligerent   flag   of    nation    which   controlled 

them.    1907,    X,    <(n) 167 

distinguished  signs  not   to  be  used  for  other  purposes,  1907,  X,  6(n) 167 

;uipped    by    persons,    etc.,    of    neutral    countries,    by    private    individuals    or    relief 

societies.  1899,  III.  .?:   1907.   X.  i(m) 165 

flags,    1899,    III,   y,    1907.   X,   j(m) 166 

in  neutr.il   ports,    1907,   XIII.   14 212 

inviolability  of  staff.   1899.  III.  7;    1907.   X.   la 169 

movements  during  and  after  engagements.   1899.  III.  4;   1907.  X,  4 165 

must  rentier  their  coloring  plain  at   night.   1907.   X,   *(n) 167 

rights  of  belligerents  in  regard  to.  1899,  III,  4;  1907.  X,  4 166 

shall   afford   relief  independently  of   nationality,   1R99,   III,  4.    1907.   X.  4 165 

shall  be  pninted  white  with  green  strake.  1899.   HI.  j;   1907.  X.  3 166 

shall  carry  national  and  red  cross  flags.  1899.   III.  5;  1907.  X,  5 166 

if  a  neutral  it  shall  also  carry  flag  of  belligerent  controlling  it.  1907.  X.  5(m) 166 

shall   not  he  used   for  military  purposes.    1899.    III.  4:    1907.   X.   4 165 

sl'al!    nnt    tani;er   rnmbatants,    1899,   III.   4:    1907.    N.    4 165 

stafT  may  be  armed  for  maintaining  order  and  defending  the  sick.  1907.  X,  5(n) 168 

use  of  distinctive  signs  restricted.   1907.   X.  fl(n) 167 

HoRpltalH 

besieged  must  designate,  1899.  Ila.  !7:  1907,  l\'a.  !7:  1907,  IX,  f  (by  naval  forces)  lis.  159 
assailant  must  spare.  1R99,  Ila.  27;  1907.  I\'a,  .%-;  1907,  IX.  .<  (by  naval  forces) ...  1 18.  159 

IlDslllltlrii.     See  aino  Oprnlnir  of  hosllllllrR. 
conduct  of.     See  Mrann  of  Injnrinir  the  enemj-. 

resumption  of,  after  denunciation  of  armistice.   1899.  Ila.  40;   1907.  IVa.  40 122 

unwritten    rules,    h'lw    applied.    1907.    IV,  p 101 


^E^iSi^^l 


IM^M4&F^ 


'^^^^-^m'^im. 


INDEX-DIGEST 


283 


Humsnlly,  la»»  of 

a  factor  in  international  law,  1899,  II.  p;  1907.   IV,  j. ■  ■  ■  •  •    '"- 

to  be  considered  in   interpreting  ret^ulalions  tuncerning  the   qualiticationj   of   belliger- 
ents,   1899,  II,  p;   1907,   IV,  p °^ 

in  treatment  of  prisoners  of  war,   1899,  lla,  4:    '90?.  1^  »•  4 '"" 

IdrntlflcBtloD.     See  under  Certlllcate. 

Indemnitr.     See  Compenutlon. 

IndDitrlal  relBtlont  ,007    r  ^0 

between  inhabitants  of  belligerent  and  neutral  countries;  i   •«  concerning.   1907,   t....     -v 

Informiitlon  bureau    regardlni:  prl.oner.  of  war.     See  als..   I'rl.oinr.  of  war. 

deaths,    names,    wounds   of    prisoners    of    war,    etc.,    record    of,    190/,    Ila,    ir.    190,,  ^^^ 

IVa,    ;<(m)     " 

functions  of,  1899,  Ila.  14:  1907,  IVa,  I4(m) J  - 

information  required  to  be  kcp.  by,   1899,   Ila,   14.   1007,  IVa,   N(m) - 

postal  duties  for,  free,  Ii'''9,  Ila,  M;  1907.  IVa.  u - 

required  to  keep  return  01  card  for  prisoner..  1890.  Ha.  ,4:   1907.  I\  a.  .-.((m) - 

to  collect  and   forward  valuables,   letters,  etc.,    1899,   Ila,   14.    IW".   '^a.  U(nO U 

when  and  where  ins-ituted,  1S99,  Ila,  J^;   1907,   IVa,  N(ml "- 

Information,  obtatninc  of 

by  ruses  of  war,  1899,  Ila,  ^4:   IW.  IVa,  i4 "' 

undisgtiised  soldiers.  1899.  Ila,  19:   1907,  IVa,  -M ° 

spies,   1899,  Ila.  -•?;   1907,    IVa.  .-p '^ 

truce  bearers.    1899.    Ila,  3.r.    1907,   IVa.   .;,! ^" 

from  inhabitants  of  occupied  territory,  through  compulsion.  1907,  l\  i,  44 '-^ 

Inquiry,  Inlrrnatlonal  commUsion.  of.     Si-e  International  com.,     .liloni.  of  Inquiry 

Inslsnla  and  nnlform  of  the  enemy 

improi*r  use  of,  forbidden,  1899,  lla,  1907,  IVa,  is  f '" 

Instructions 

to  be  issued  to  armed  land  forces.  1899.  II,  ;;   1907,  IV,  ; 1"- 

Interroume 

in  theater  of  operations,  may  be  re(    latcd  by  armistice.  1899.  Ila.  so:  190,.  I\  a.  S9--    1-' 

International  arbitration.     See  /.  bltritlon.    International. 

International  bureau 

acts  as  registry  to  international  commissions    of  inquiry.   1107.   I,  ;_((n) ■'■ 

to  international   prize  court,   1907,   XII,  .',» 

to  judicial  arbitration  court.  1907.  d.  I.i 

to  iiermancnt  court  of  arbitration.  1899,  I,  ^.':  1907,  1,  .(..-(ml '7 

api'cal    in    international   prize   cnurt    procedure,    may   be   made   without   awaiting   nationnl 

court  decision,  direct  to,  1907.  XII.  ?c '''^ 

controlled   by   permanent  adininistrative  council.    1899,   I,  iS:    1907,    1,   49 *-' 

bow  expenses  are  divided,  1899,   I,  «;   1907.   I,   .w(m) ''■' 

in  dispute  one  uf  the  powers  may  address  n..te  sifinifying  willingness  to  arbitrile  direct 

to,    1907,    I,    4J(n) " 

is  at  disposal  of  any  board  of  arbitration.  1899.  I.  .»<;  1907.  I.  J7 f'' 

receives  declaration  of  suit  for  damages  broucht  before  international  prize  cur-.  5   ■  •     2"* 

notifies  govern.r.ent  of  belligerent  captor  of  declaration  of  action.  6 ^07 

receives  ca«e  fmm  government  of  belliqerent  captor.  f> -"' 

serves  as  cliaimel   fr.r  communications  to  the   judges  of  the   judicial   arhiiralion  court. 

1907,  d,  ^^ ^^ 


'  ■  yjp-:^' 


>s-\ 


IN  1)1 


■.ST 


Intrrnttllonwl  coiiiiiiioMiuuit  at  tiiqulry 

atitliij   i;.Libl   l.t    s..ir,iit>iu  .1    iM   altimi    ii 


Page 

50 

53 

.45-47,  61 

ii 

55 

50 


liKathu  ,.    1907,   1,  .'J  in) 

1   aihl  ilcii.ii-s  liy  niaj "THy   vutf,   1907,    1,  j'o(n) 

ci.ii.Maii'i..n,    I-'''.    1,  V.    (I.,   II,  .■'>:    19u7,   1,   «/.  .11,  JO,   j.'lnU 

cmin>vi    iiiay   prt-.^nU  s.mmiurlL!i  ..1    facts  tu,    l'h>7 ,   I,  .vtli) 

fXi  cn-t^..   I..  «    I  aul.    1907,    1.    a(ii) 

cxihiiiali.'n..,  ^ciiKinx^iun  may  ask   dthcr   pail)    Inr,   19i)7,    I,   .'   ■';) 

nuiuiry   t.iuiiUhiU   .iitcnmrR-s   laiimiai:^.   i  Lice   ..1"   uuiIuib,   ,:.   ,    l''li7,    I,   JiUii) 45 

.l.lcriTiiiic^    lads,    iiiclliiHi    (.f    iDrnuiiB    i  ..,iiinisM..i>,    and    |„n.  ct.s    c'l"    ounnusM.incrs, 

1<J()7,      I,     f.  un) 

ianBu.-.R.  >     lie    .liU-nnirud   \>i    c.iimusMon    u    imimry    ci.incnluin    fails   l.i    specify,    190 

i.     ll'rn     

iiHcliiij^s   II' ■!   I  iiWic   II.. r  ai<-  iiuTuMis   iiublislic.l,   19u7,   I,  .;.Mnl 

..r.lni.iniy  Iwld  al    I  ht-   lUtuc.   r'u7.  I,   i;(nt 

i!!ay  l.c-  tcM  clst^sl  crc  I.'  s,  i.nc  nifitrnialinti,   t'i07,   I,  .■■  ( n ) 

,,r    Willi   c.instiit   .1    partus.    19u7,    I.   lHu) 

ii..tms   si. all    |..-  sMviii  l.y   pi.u.is     :i   wli.sc  IiTrltcry    -crwcc   Is  licsircrl,    1907,    I,  Jjfn) 

larlHs   .■ic-i.-i-   lu   fuiiiisli   i-vlIcikc.    1!<'I9.    I,    ;.■ ;    1907,    I.  .vlii) 

I  allies   I    .IV   have   aKi  nls  "r  cimisc-l,   1907,    I,  J^(ii) 

larf.vs   ii.'ist  l;"tli  lie  heard,   l'<li7.   I.   /9(nl 

I-arlie-   ii'i-t   ct.iiinuinicate  s;,,ununt  of  facts  tu  tacli   utlier,   r'07,   I,   ;4.(ni 

rcKislrv,    lurutiiins    nf,    1"07.    1,    if.iiil 

reyi-trv.   iiiternatiuiial    linn.iii    acts    as,    V'^'7,    1.    /.sin) 

reiLirl    1-   iin.ilcil  l.i  slaleii-int  ..f  facts,   l.s9<l,   I,  1 1:    l'"17,  I,  .;5 

r.  I  i-rt   IS   net  arbitral   a%»ard,   l.sn9,   I,   /.;;    19|i7,  I.  .i.l 

rei  nrl    IS  rtail   in   piililic   and  Ci'|  y   given   t.i  each   party,   r'07,    1.  ..'jCnl 

rei'   rt    Is   siRiicd   liy    all    memlier^   nf   cuniinissmn,    1907,    ].   ..'..Mil) 

if  ciiU'  iiiemher  refuses  :■•  s:cii    ii.le   is  made  ll     rent,   r)ii7,    1.  ^^^r\) 

rei-rt    is  suliiiiitted  to  e'liflicliiiK   ;  .iwers,   lf<''9.    \,   i_! 

ruh  -,   1907,   !.  ;;(n) 

if  n,.t  I'.eterinine.l  liy  imiuiry  cuneiitinn  shall  he  settle  i  by  comniissn.n,   1907,  I,  ;*(n)      49 

terniiiialK  n   ef  Iieariiii;,   19ii7,   I.    r.-ltit 54 

va.  .ir.cy.   mode  nf   tillmn,    !''07,    I,    i..'(ii) ''^ 

ui'm-ses,   e.vaminati..n  nf.   1907.    I,  .-'■(lil 53 

niay   use   rotes.  Inn    mav   n.il  read   draft,    19117.    I,  .'71  HI 52 

I'liist    Mi;n    testinionv-.    Pii7,    I,    .\VliO 53 

siimnioniiiK    and    li.  ariiin.    1''07,    I,    .>3(n) 51 


46 

47 
53 
47 
49 
47 
51 
50 
48 
49 
49 
48 
48 
54 
54 
54 
54 
54 
54 
49 


International  law 

its  pnniiple-   re-nltai-t    fr'  in  nsrice 


tablislied  bet\seen  nations.  fr"iii   la\\s  ..f  luimanity 
,,!    re.niir.inriits  of   public   c-pscience,    1S09,    II,   p;    1907,    IV,   p 10^ 


International   prlne  rotirt.     Si-p  ulso  .%<l(Iltlonal   i>roto<-ol. 

convention  relative  to  the  cri-.li.n  of  an.   no?,   .\II    I  see   also  tbe  maritinal   notpsi 188 

c  .nstitiition,    19117.    XII.    /'■',-      191195 

a  tministrati\e  cunril  fulfils -ame  funcfiuns  as  for  in  rniaiu-nt  arbitration  court,  XII,  ^.'.  194 

assessor.  brlliKerenl  ea!>tor  or  interested  neutral  may  ;r  p.imt  naval  otTicer  a*.   .XIl,  iS.  193 

attorneys  f  r   priv  ate  individuals,  who  may   act  as.   XII,   y> 195 

international   Inirrau   acts  as   rei^istry   for,   .XII.  .\; 194 

judKes,     Xli.     ;o..-n     191-193 

cnrtiracti        ,,o\cers   appoint   deputy    indites  and,   XII.    ri 191 

cotiipt  nsation    of,    XII.    .'o 193 

have    diobpinatic    iniimimties,    XII.    n    192 

if    jildiic    is    absent,    deiutv    judire    sits,    XIl,    14 193 

in   case    its    iudne    is    not   sitting   \ihen   case    conies   iil-   liclliKerent    may    ask    to   have 

bim    admitted.    XII.    16 193 

may   also  he   judKCS  of   judicial   arbitration   court,    1907,   d,   16 35 

metbo.l    ..(    ranking,    XII.    ;.' 192 

of   seatins,    XII,    fj 192 


1NDI-:X-U1GKST 


285 


i.-Hity,  MI.  /;   .. 
in  lowrr  decision,  XII.  ;7- 


Page 

.  1'-'.' 

.  V>i 

.  l')3 

,  .  1 ')-' 

. .  r)i 

.  .  19.' 

. .  IVJ 


,.i   ;  arlK-.    Nil.  .;. 


...  I'M 

. ..  Vii 

...  V'i 
...  l''t 
...  1''- 
.  ..  I'll 
...  1''.' 
. . .  1"! 
.  18S-1'(1 
INI 


-de 


dainnkie^ 


1.  \11. 

I  i'!c    as 


must  takt  oath,  XII.  i.t. 

no  judge  tan   serve  any   I  arly   in   any 

no  jiidKe  can  sit  whu  touk  lart 

permanent   judges,   Xll.    15 y'  ■ 

serve  six  years  and  may  he   rea'Tidntrd,   .XII, 

several  countrii-s  may  api "inl  same,  XII.  rv 

there  arc  in  the  court  fifteen,   XII,   14 

lan^uase   is   determined  hy  court,  hut  official  lanauane  of   national  court   ^:.v^.;-■   lirsi 

decision  may  he  u^ed,  XII,  J.;   

method   of   elcctinR   ofticirs.    XII,    ;.- ■ 

notices  to  he  served  are  served  hy  Rnvernmenl  or.  »h„vc  term  -ry  - 

ai.d   at   rci|uest   itl  court.    XII,    7 ■ 

parties  may   ai>l  oint   aucnts   and   c.unscl,   XII.   .^3 

quorum,    how    constituted,    XII,    14 

sits  at  The  IlaRuc.  and  can   n.'t  chan«e  wiilout  con-i 

tahle  of  judiics  and   dciuty   iudses,   XII,   ;.i 

vacancy,  how  fdled,   XII.   ll 

general    provisions.    XII,    19 

basis  of  apreal  acani-t   n,Ti.'nal  rri/c  curt,   XII,  .J... 
if  capture  is  adjudited  invalid,  interiiati-nal  curt  ma 

XII,  s  ,    ■■, 

if  capture  is  adjudced  vahd.  vessel  is  di-i-sed  of  accrd.ne  to  law  of  ear 
if   nath.n.al    court    adjudKed    cai-ture    null,    internation.il    court    can    ,u.ly    d^ 

damsKes,    XII,   S 

if   natir.nal    courts    H"    n.n    decide    ca-c    in    two    years,    case 

national    court,    .\1I,    6 

if  no  internalh.nal   law   api  lies,   general   justice   and   eiiuily    r 
if  pri^e   vi^.latc.l  l.iw   of   captor,  court   shall   enforce  law   nnlc 

if  treaty   is   in   (■  rce.  it   shall   Kovern,    .XII,   7 ■ 

if  treaty   i«   not   in   force,   international   law   api'lies,    XII,  7    . 
iudement    of    hellicereiit    capt.r    is    notihed    to    hellifereut    • 

estcd,     XII,    ! 

judRment    of    national    may    he    hroucht    hefnre 

XIT,   ,?    ; 

jurisdiction  is  exercised  in  fir«t  instance  hy  capt..r,  XII,  -• .. 

method  of  appe.il  from  nath-nal  court  is  decided  hy  local  lavy.  XIT,  f> 
national  courts  can  deal  only  In  two  instances  with  case,  XII.  1... 
.ienatorv    powers   aeree    to    suhmit   to    decisions    of    interratinnal    com 

validity  of  capture  of  merchant  ship,  determination  of,   XII,    T .^^    ^^^^ 

who   may   appeal  to   international   court,    XII,   4.   f 

procedure  , 

appeal   hefore  national  court  must  he  transmitted  to   international 
appeal  hy  neutral  individu.al  is  notified  to  his  Rovermr.ent.  XIT,  J 

copy   is   sent   to   respondent,    XII,  ,t.* 

T.ia      he   hy   telecratn,    XTI.   ;> 

must  he  made  in   national    court  or  hefore   internatio 

inost  he   made  within    120   days,   XTI,   .'S 

rot  made  within  time  is  reiected  except  in  case  of  ' 

of  other  parties,  XTI,  .?,> 

to   internathmal   bureau    is    notified   to   national   court 

without  national  court  decision  mu't  e 
court    may   rrorose   modifcations   in    present   convention.    XTI 

will  proceed  without  parlv  who  f.id«  to  a'near  or  Ci. 
decision   and  record  of  case   are  sent  to  national  court 

is   arrived   at   in    private   with    secret   iTocerdincs.    XTI 

must  sive  reasons  and  be  sicred  hv  ludc.  s  and  ■  re=,. 

must  tal<c  into  account  all  facts,  evidence  and  oral  sta'eme.os,  XTT,  j.v  . 


direct 


■  le,   XII.  .•• 

.s   uniust.    XII,  7- 


neutral    parties    mte 


ona!    court 


XIT, 


XTT. 


1"1 
I'fl 

I'M 

l')0 
190 
190 
190 
190 

1S9 

If'i 
,  IP9 
.    1911 

190 
.     191 


. IS9. 190 


al    h- 


■'T. 


XTT.  ." 
'.-,   XTI. 


direct  to  international  hnreau,  XTT.    Jo. 
eeolTi-P.,    XIT. 


,vlv    V 

XTT. 


nuil 


XII,   0 


l"v 

l')6 
19f. 
10: 
10; 
19s 
19(, 
19fi 
19-, 
116 
_>r\n 
I9y 
19S 
10^ 
19«( 
19? 


wa^^^^msm^^MSfS^i^smm^Ff^imimF. 


%kdr  --. 


-.  a-'-.: 


i^-di 


286 


INUEX-DIGEST 


Pige 

Wide  by  mijority  o!  judges  prrsent.  XII,  43 "8 

decrres  madt  in  absence  of  a  party  are  notified  to  it,  XII,  4' "* 

delegation  perfirms  dunes  of  court  when  latter  is  not  sitting,  XII,  <« 199 

discussions  are  controlled  by   president,   XII,  3S "' 

are  public,  subject  to  contrary  request  of  a  litigant,  XII,  39 "8 

oral.    XII,    34    "' 

expenses   of  court,   general,  bow   borne,   XII,  47 1'' 

of  trial,  how  borne,   XII,  46 199 

judge  appointed  by  a  belligerent  can  not  preside,  Xll,  38 197 

parties  are  summoned  for  every  stage  of  proceedings,  XII,  37 1" 

receive  certi6ed  copies  of  the  minutes,  XII,  i7 *97 

pleadings,     XII,    34 '" 

procedure,  court  draws  up  its  own  rules  of,  XII,  49 199 

senicnce  pronounced  in  public  sitting,  XII,  4S 198 

fitting,  public,   XII,  35 '" 

supplementary    evidence,    XII,    36 197 

Internment 

belligerent  war-ships  in  neutral  ports,   1907,  XIII,  !4 214 

officers  may  be  released  on  parole  by  neutral  state,   1899,  Ila,  S7;   1907,  V.  11 127,  135 

prisoners  of  war.  1?99,   Ila,  5;   1907,   IVa,  jCm) 108 

in  neutral  territory,   1907,  \\  13 1^5 

prize  crew  of  prize  cainured  in  neutral  waters,  1907,  XIII,  3 210 

troops  may  be  guarded  in  camps  or  fortified  places,  1899,  Ila,  S7-  1907,  V,  it 127,  135 

troops  shall   be  maintained  by  neutral   in  default  of  special   agreement.    1899,  Ila,   jS: 

1907,    V,    ;; 1-8'  '•'5 

belligerent    shall    reimburse    neutral    at    conclusion    of    peace,    1899,    Ila,    ji;    1907, 

y      „     128.  135 

wounded  and  sick  interned  in  neutral  territory,  1899,  lla,  39;  1907,  V,  ;< 128,  135 

application  of  Geneva  Convention,  1899,  Ila,  (So;  1907,  V,  ;5 129,  136 

landed    at   neutral    port,    1907,   X.   J3(n) 171 

expenses  to  be  borne  by  government  of  wounded,  1907,  X,  ;5(n) 171 

InTBston.     See  Oceopled  territory. 

InTloUhllity 

of  bearer  of  the  flaj?  of  truce,  1899,  Ila,  3!:  1907,  I\'a,  3! 119 

unless  he  incites  to  treason.  1899,  Ila.  34:   1907.  IVa.  34 120 

of  bugler,   drummer  and   interprete'  accompanying  parlementaire,   1899.   Ila,  3>;   1907, 

IVa,  ,»    '20 

of  neutr?l  territory,  1907,  V,  ;,  ! •  '^J 

postal  cnrrespon^lence  on  neutral  or  enemy  shin,  unices  intended  for  blockaded  port  in 

violation   of  hlorka.le.   1907.   XI,    ; 182 

of  trumpeter  accmpanyirs  flas  of  truce.  1899.   Ila.  3^;   1907.   IVa,   « 120 

Irreffular  tronpA 

conditions  of  possessing  bellicrrent  riclits.  1«99.  Ila,  i.  }.   1907.   IVa.  r,  .'(m) 107 

Italy 

deleeates  to  f:rst  and  srron'l  (-'nfcfntcs l-* 

ratificTtion*    .ind    dates    tliere.f    231 

signatory   of    1910   additim-al    i-r-itHc-l 208 

Japan 

dclrpatrs  t.'i  fr«t  ar.-i   «■■■-. n!   .■■..■f.-r'nc-s IS 

ratifications  and    dates    there,  f 2.'1.  2.16.  2,17 

reser^alinns  to    1907    Convention    1 86,240,241 


iM^i^^^^E- 


fJ'-Ci^"-> 


INUEX-UIGEST  287 

Pi(e 

to    1907    Convention    IV l^^  ",!a' f-l 

1907    Convtnlion    IX     '"•  '^*-  ^V" 

1907    Con-ent.on    XlII     218,258,259 

signatory   of    1910   additional   iirotoc.  1   ^^' 

•ludcM.     ><ee  Arbltr»tlon  procedure;  International  prlie  court;  Arbitration  court, 
Judicial;  Arbitration,  permanent  court. 

Judicial  arbitration  court.     !S«  Arbltra*'on  court.  Judicial. 

**""*  231 

adhciions  and  dates  thereof    

Land  forcea 

instructions  to  be  issued  to,   1907,  IV,  / '"^ 

Land  warfare.     S»e  War  on  land. 

Leital   rlghla  and  actions 

of  nationals  of  belligerents.    1907,  IVa,   .?j(n) 1" 

Levee  en  oittHwe  to  resUt   Invader 

regarded  as  belligerents,   1S99,   lla,  J;   1907,   IVa.  J '0' 

conditions  required,    1899.    lla.  i,    1907,    IVa,  ^(m) IW 

Liability 

of  belligerent  party  violating  Regulations  for  war  on  land,  1907,  I\  ,  i(n1 lOJ 

adhesions   and   dates   thereof    ^■"'-  ■=■" 

Limitation 

of  armaments  and  war  budgets 

ztru    concerning,    1899,    f 

of  military  charges 

resolutions   concerning,    1«99,   f^    1907,    f 28 

Loans 

to  belligerents  by  neutral  persons,  1907,  V,  iS '■" 

Luxemburg 

dclep-t'  s  to  6r5t  and  second  conferences '' 

rai:.:r.->    .ins   and   dates   tnereof    231.;.16,  23/ 

Mail  iililp,  neutral.     See  iiNn  I'n«lal  corresponrtenee. 

can    be    searched   only   if    absolutely    necessary   .nnd   then    with    great   expedition.    1907. 

jjj    ~,         ■ 183 

Maintenance. 

of  interned  troops.   1907.  V,   it "' 

of  prisoners  of  war.  1R99.  Ila.  7:  1907,  IVa.  7 •<" 

Maritime  war.     Sw  Naval   war. 

Menno  of  Injiirlnit  the  enemy 

aircraft,  proirctiles  and  explosives  discharged  from,   1907.  XIV,   1907.  IVa.  .'5 2-0,117 

confiscation  of  private  property,  1899,  Ila,  4li:  1907,  IVa.  ,«i5 '23 


288 


INUEX-IJICI-ST 


v.,    lausttiK    utllu'ccs^a^y    injury. 
iif    hiislllo    army    or    nali..ii,    '  ^')'> 


•'.I  ' 


\W7 


army 


IK')'),    111, 
lla,    .-J  b;    I'JO/,    IS  a. 


furbuliltn,   iirmi,   pr"j<:ctile>, 

1  \  a,     .-ft 

assasiinaliun   .^f   iiuln  iJuals 

builds  wlilUi   cxi.anJ   in   human   bcly,   MfV),    Uj.   ■■<•:.    1''"".    l^-'.  -'J'' 

coniannnal.on  of  watfr,  eU'.,  ihJV,   Ua,  ij  J ,   l'«'.   Ua,  .-J  a -.. 

d.slimt.vc  liadgr.  and  iinMmK,  .rn|.r.M'>r  use  ul.   l>'>'y,   I!a.  .•.)  ^    l'JU<,   1\,  .',(/. 

flag  of  enemy,  improper  u»e  of,  llfv,,   lla,  J3  I •  1''"'.  1\  a,  .'i  / 

truce,  improper  use  of.   IBV'A  Ma,  .j/;   I'^u?,   1\  a,  .?,,■/ 

rrU  .ross,  nnproper  u»e  of.  Iv,').  lla.  .■,;/;   IM(17.  1\  a.  .SI    .■,;;/ 

insisn.a  and  unif'^rm  of  emm>.  nn;  rnl-er  u«  of.    IHW.   Ua,  .'S  t :    I'^U'.   1^^-  -' ^ 
lulling  ..r   wounding  en.n^y   who  lias  M.rreml.rcd.   IS')<,   lla.  .■jf.    I'JII-.   I\a.   .'.i  . 

pillage.  1><'J9.  lla.  ^«,  J7;  1''0;.  U  a.  .■«,  J7 

poison  and  poisoned  wcai'ons.  i»'J'),  lla,  -•.<  a.   I9ur,  IVa.  .•_)  j 

projectdes,  arms,  etc..  causing  unnec.ssary   injury.   IK')'),  lla.  .'.fr;    19U,.   l\a,  .'J  e 

dilfuMng  asphvxialing  !,•asl^.  etc.    ]>•)'>,   lla.   .'.in;    l''"?.    IVa.  .•;.! 

to    con,|..l    hostile    nationals    to    take    part    .n    military    operatomi,.    etc..    l'W7 

i'fddil      

to  decl.ire  no  ipiarler  will  be  given.   l'")9.  lla.  .'.i ./;   iw;,  l\  ...  .'i  J 

treaclierons  fc.iling  or  woun.hng  of  individuals.  1S99.  lla.  .'jt.;  1907.   1\  a.  .-si 

limited.    1899.    lla.   .v;    1907.    l\a.  i.- 

projectiles  and  ix]  losives  discharged  fr.ini  liallooiis, 
ruses    and    measures    necessary    l-t    ohlaining    inf. 


II 


IV: 


ic.  1907.  XIV;   I91I7.  U  a.  Jf 
nation    perinissiMe.    1K99,    Hj 


1907.    I\a.    .N 


'age 

lib 

lib 
lib 
lib 
lib 
116 
lib 
lib 
116 
lib 
.  i-i 
116 
lib 
lib 

117 

lib 

116 

.    116 

I.  117 

.'   117 


1.H99, 


Mrdlatlon  and  Kood  o(Bce» 

before  aipeal   to  arms  powers  agree  to  have  recourse  to,   1,«99,  I.  .-;   1907.  I.  Hm) . 

do   not   interfere  with  (.reparation   for   war.   1K99.   1.7.    1907.   1,7 

do   not  interrupt  war,   If99.   1.  7;    1907.    1.  7 ■■■.■■■ 

during    h.stilities    l«.wers   strangers   to    suit    may    otTer    g""!    othces   or    mediation. 

1.    };    1907.    I.  l(m) 

have  exclusively  the  character  of  advice.   1K99.   I.  f,;   1907.   1.6 

mediator  shall  reconcile  opposing  claims,  1^99.   1.  4:   1907.   1.  4 

mediator's    functions    shall    cease    when    it    or    one    of    the    disputants    announces    non- 
age.fiance  .if  mediation.    1899.    I.   };    1907.    I.  J 

not  unfriendly  act,   1899.   I.  3:   1907.   1.  .J(ml 

special   mediation,  method  of.   1899.   1.  S.    1907.   I.  «(m) 


MrdlrnI  fctaff  of  eniiliired  »n<«el 

invi,. lability.   1899.   III.  7;    1907.   X.   ;o 

may   remain   with   boat.   1899,    III.  7;    1917.   X.   ;o 

may  remove   private   property   when   they   leave.    1899. 
salary  after  cai'ture.  1899.   III.  7;   1907.   X.  ;o(ni).... 


11,  7;    1907,    X.   10. 


43 
41 

44 

43 
44 
44 

44 
43 

45 


169 
169 
169 
169 


Mereliant  i»hlp#».  enemy 

at  outbreak  of  hostilities.  c<  nvemion  respecting.   1907,   VI .^- ■  ■  ■ 

enemy   cargo    thrri-on    is   detaine'l    un'ler   certain   conditions,    1907,    VI.    1    

ignorant   of  war,  entering  enemy   port,  shoul.l  be   allowed   to  depart,    1907,   VI,   ;.... 
in  enemv   port  at  outbreak  of  l.ostililirs  should  be  alhwe.!  t..  dep.lrt,   1907.   VI.   I.... 

intended   for  conversion   into  war-ships.   not  covered   bv   1907.   VI.    1907.   VI.  f 

o,    high    seas    and    ignorant    of    war.    n-..- y    be    detained,    destroyed,    or    reijuisitioned. 

"I. on   pavment   nf  cornptn.-ation.    lO^^?.   \'l.   ,t 

he   confiscated,    1907, 


141 
142 
141 
141 

142 

142 


detaiT 


s..!bject   to 


un.ible  to   leave  the  enemy  port   witl.m   the  time   limit  cm   not 

VI.    i     

unable   to    leave   tb»   enemy    port    within    the    lime    limit    may 

restoration,  or  renin   itionid  aioi   paid   for,   1907,  VI.  -> 

restrictions   with   regard  m  caotrre  of,  conventi.m  resi-ecting,   1907,    XI...         .; ' 
crew  are  not  made  prisoners  .f  war.  when  n.itionats  of  neutral  state.   IC','.   XT.  5. 


141 

1«2 
183 


INDEX-DIGEST 


289 


fage 

fiihinn  vc%»rls   and   hnai^   in    K>cal    tra.lr   cxmipt    from    capture.    1907,    Nt.   .! l^J 

nor    when   nationaij   of  enemy   itate,   if   they   agree   nut   tu   au)  in  operation*   of   war, 

1907,    aI,    6     !"< 

officers  are   not   made  prisoners  of  war   when  natumaU  of   neutral   state  and  promise 

nnt  to  lerve   on   enemy   ve^«el,    1^07,    XI.    * 1*^3 

the   names  of   thoie  nfficeri  and   members   of  the  crew    aareeinR   not   to   take   part   are 

nntified   to   belligerent   who  mu*t   n^t   emidoy   them.    1907,    XI,   7 1^-* 

vetteli  on   religiuu-*,   scientific   or   philanthropic   missions  exempt,    \^Q7 ,    XI,   3 1>*3 

when   vessels  take   part   in   hostilities,  rules   a<i  to  trew   do   not   api^ly,   1907,    XI,  S....  l'*4 

conversion  into  war-ships,  convention  rf«i'citintf.    1907.   VII l-'6 

crew    must   he    under    military    discipline.    1907.    \'II.    4 '-"^ 

master   must  be   duly  commissioned,   1907,    VII.   j    . •  ■  ■  ■  M6 

must  be  under  control  of  power   whose   flag   it  (lies.   1907,   VII,   ; U6 

must  observe  taws  and  customs  of  war,   1^*07.  \'II,  5 1*7 

must    show   marks   of   nationality,    1907,    \'II.   i 1*6 

Mrrrtmnt   nhlpn.  nputral 

having  wounded  ui  belligerent  on  board,    1S99,   III.  ^■.   1907,   X.  5(ml 168 

Mexico 

dclrKatrs  to  first  and  second  conferences ^5 

ratificatit»ns     an'l     dates     thrrenf J31.  236.  -  '7 

signatory   of    1910    additional    protocol -0** 

Mllltnry  Intereats 

limitation   upon   duty   to  search    for   shipwrecked  or   wounded   after  engagements,    1907, 

X.    ;rt{al     171 

or  to  protect  them   against  pillage  or   maltreatment,   1907.   X,   /(5(n> 171 

Military   necrnsity 

de'iiruction  of  enemy's  i^rrtperty.   1S99.    lla.  ?.?g:   1907,    IVa,   :i  g 116 

guides,  impressment  of.   1S99.  Ma.  ^4.  44-    1''07,   IVa.  ?.J,  J4.  44 117,  123 

information  of  enemy  and  country,   1SQ9,   ITa,  ^4,    1907,   I\'a,  .u 117 

limitation  upon  notification  of  mine  zones.   1907.  X'llI,  .- 152 

limitation   upon  removal  of  evils  of  v^ar.   1«99,   II,   p;    1907.   IV.   p lOJ 

ruses  of  war.  1899,  Ila.  ^j;  1907,  IVa.  ^4 117 

submarine  cables,   seizure   of,   etc..    1907.   IVa,    *>t(r\) 126 

taxes  in  occupiei)   territory.    1^99.   Ha.  4'J'-    I'^OT,   TVa.   40 124 

use  of  sick  wards  and  tlieir  materia!   for  other  purpo^^t^.   1907.   X.  7(n) 168 

requisitions  in  occupied  territory.   1H99.   Ila,  v;    1907,   I\'a.  v 125 

Military   orrupatlon.     Sw  Occupied  territory. 

Mlne«.  Hubmarlnc.  nutomatlc  contact 

convention  relative  to  layinp,   1*^07.  VIII   (?;ee  also  the  marginal  nntes^ 151 

denunciation,    method    of.     1907,    /; 154 

duration.    1907.     ri 154 

reservation    by    Dominican    Republic. '56 

by    I'rance 1"^6 

by    Germany 156 

by    r.rcat     Britain     156 

by    Siam 1-6 

hy    Turkey     1  '6 

si  en  a  tor  y.    ratifying    and    adherinij    power? 155 

titr.c    of    taking    effect.    IQO;.    to 153 

torpedoes,   rule   of   convention   respectinc.    1907,    i 151 

bombardment   of   places  protected  solely   I'y.    1907,   IX,    / 157 


^BFTise.Kj!Jir";ffiWBSE.«:*» 


^■,*1 


Z'X) 


INDEX-DIGKST 


P««« 

lif-  ,.f  inclior»d  and  unanchr.rf .1  minfj.   1907,   VIII.   ;.    I,  « HI.IU 

f..mmfrcial   thipinni.    t«07,    \'III,    ■■    \]\ 

notitiiition    of    dangrr    ic-ne.    I'*''7,    VIII.   3,   4 '■ 

per  fee  ted  minei,   adoption.    191''.   \'in,  6 

neutral    obhijationa,     1907.    Vlll.    4 

removal.     1907.     VIII,    } 

question  to  be  reopened.  1907,  VIII,  IJ 


1S2 
15J 
152 
152 


Monror  P  rlrin* 

resirrial.j-it  of  United  Staiea  l" 


!«99.   I,   and   1V07,   I. 


84,87 


.Monlenrcra 

de'cRatet   to   first   and    second   confcrentea 

ratifications    and    dates    thereof ^    ^ 

reservation    to    1907    Convention    IV 1 '..,  .50 


16 
2.11 


MoBumfnla,  blatoric 

deMrvittii.n.  etc  ,  of,  f.irhidden,   1P99,   Ila.  .«(;   1907.   IVa.  J« '-' 

I  rottction  in  he  given  during  b.imliardmrnt,   1907,  IVa,  17 "" 


visible   signs  to  mark,   1907,    IVa.   77. 


118 


Manlrlpallltr* 

property  of.  treated  as  private  property,  1899,  Ila.  }«;   1907,   IVa,  jA. 


Mnnllloni  of  «>r 

convoys  of,   in   riutral  territory,   1907,   V,  ^ ' JJ 

duty  of   neutral   power.    1907.   V.   7;    1907,    XIII,  6.  7 134,210,211 

rule  as  to  seizure  of,  1H99,   Ila,  yv.  1907,  IVa.  S3 '-* 


Naval  Kuna  and  riflra 

T(Tu   concerning.    1899  f 


^aval  wae 

'  convention  concerning  the  rights  and  duties  of  neutral   powers  in,   1907,   XIII 209 

conventii  n  relatue  to  certain  restrictions  with  regard  to  toe  exercise  of  right  of  capture 

,n.    1907,    XI    "*- 

conviTlions    for   the   adaptation   of   the   jirinciples   of   tlie   Geneva    Convention    to.    1899. 

Ill;    1907,    X    '" 

7.fu    c..nccrninK    private    property    in,    1899  f - 

;  .ru  concerning  laws  and  customs  in,  1907  f . 


Netherlanda 

delegates    to    first    anil    sec.nd    crnferences. 

ratiticatinns    and    dales    tliereof 

signatory    of    1910    additional    protocol 


17 

.2.11.  23H,  239 
208 


Neutral  peraooa 

acts    f.  rfciting  rifihts   as   neutral.    1907,   \'.   ;; 

acts   rot  forfeitina  lik'hts  ai   neutrals.   l^^O".  \'.   l/i 

nationals  of   neutral  states  .otisi.lerrd  as.    190".   \'.   .'l5 1^* 

furnishing  supl>lies   or   loans  to  helligerents,    1907,    V,   ;.1 

.owning  railway   material   re<iuisitioned  by  belligerent,    1899,   Ila.  j<;_1907,   V.    ;-?....  126. 

services   in   police  or  civil   administr.iton   of  belligerent  state.   1907,   V,   i* 

status  when  crew  of  enemy  merchantman,  1907,  XI,  J 


136 
136 


136 
137 
136 
183 


Neutral  porta  and  wateri  ^ 

btlllKerent  w.-rshiiis.  number  allowed  in,  1907,   XIII,   IS "'^ 

can  not  increase  armament,  crew,  or  war  material  in.   1907.  XIII,  iS 211 


INDEX-DIGEST 


291 


niiy    on    trrount    of    damair    or    itTrM    of    wrtt^cr,    remain    lunger    than    24    hours, 

1907.    XUI.    14    212 

may.  under  certain  cnndittoni,  take  fufl,   1907,  XUI,  ip 2IJ 

mutt  take  only  lufficient  •ucplir*  to  bring  them  to  i>eace  atandard,  1907,   XIII.  ig ^1-* 

twenty  four-hour  rule  l'  iiay.  1907.  XIII,  u .  ■  ■  211 

twenty-four-hour  rule  of  departure,   1907,   XIU,  /A 212 

can  not  b«  uted  as  base  of  naval  operation*.   1907.   XIII.  5 210 

pending  drciaion  of  priie  court  pri/e  may  be  brought  inli>,  1907,   XIII,  /.T 214 

priie.  if  not  under  1907.  XIII.  it,  muit  be  released  whrn  brought  into.  1907.  XI    :.  ix..  214 

priie  must  be  liberated  and  prize  crew  interned  if  ccptured  in.  1907,   XIII.  j.  .      210 

under  certain  conditioni  priie  may  be  brought   into,    1907,    XIII.  it 21J 

warship  of  belligerent  can  not  coal  twice  within  three  m-mihi  in  port  if  Bame  neutral. 

1907.    Xin.   K    2U 

Neutral    powers.      Hee    nlao    under    Interainent :      rrUonera    of    war ;      Hlrk    anil 
Woanded. 

in  general 

if  aware  of  war,  can  not  plead  lack  of  formal  notice,   1907.   Ill,  i 96 

laying  aubmarine  mines  must  observe  same  rules   as  belliKirenta,   1907,   VIM,  4 152 

war  must   be  notified  to,   1007,    III.  i.  • -  •  ■      96 

their  nationals  are  neutrals,   1907,  V,  /rt 136 

rights   and   duties;   io-m   concerning,    1K99.  f 29 

in  naval  war.     See  also  Neatral  portu  and  watem. 

their  sovereign  rights  must  be  respected  by  bcUigerrntR,   1907,  XIII,  / .    210 

can  not  supply  emmunition,  war  material  of  any  kind  to  l)clIiKfrents.    1907,  XIII.  6-.    "*'-- 

may  allow  belligerent  war-ships  to  use  neutral   pilots,    1907,   XIII,   // 211 

may   forbid  belligerent  who  ha«  violated   laws  regarding   neutral   ports  from   enterinff 

neutral    waters.    1907,    XIII,   9 ■ -U 

may  use  such  means  as  they  deem  best  to  enforce  laws  of  neutrality,  1907.  XUI.  ^5-  ■   -!■* 
must    not    allow    belligeient    war  ships    to    remain    in    neutral    harbor    more    than    24 

hours.    1907.    XIH,    n 211 

must  notify  belligerent  war-ship  to  'cave  within  24  hours,  1907,  XIII,  /.? 212 

must    prevent    belligerent    war-ship    from    making    more    than    nrct-ssary    rei'airs    in 

neutral    harbor.    1907,    XIII,    17 2U 

must  prevent  fittinR  out  or  departure  of  vessel  to  aid  belligerent,  1907.  XIII,  5 ^U 

must  treat  belligerents  impartially,   1907,  XIII,  9 211 

not  bound   to  prevent   export   or    transport   of   things   useful   to   army    or   fleet,    1907, 

XIII.  7    211 

using   rights   secured    to    them    by    1907.    XIII,    are    not    comir.ittinK    unfriendly    acts, 

1907,    XUI.    i6 215 

in  war  on  land.     F  :e  also  Neutral  territory. 

convention  respecting  the  rights  and  duties  of,  1907.  \' 133 

can  resist   by   lorce   attempts  to   violate   neutraliy,    and   this   is   not    hc^stile   act.    1907, 

V,     to 1-^5 

may  use  belliRfrent  railway  material  to  certain  extent.    1907,   \',  ;<j U7 

must  treat   belligerents   impartially,    1907,   V.   9:    1907.   XIII.   p 134.211 

need  not  forbid  use  of  telegraith  or  telephone  cables,  public  or  private,  to  belliRcrent, 

1907,     V.     8 134 

need   not    prevent   export    and    transport   of   arms,    etc.,    which   might    aid   bellijjerent. 

1907,     V.     r 1-J* 

not    resi>onsible    if    persons    cross    the    frontier    singly    to    go    into    bclliKerent    .irmy. 

1907,    V,    6 1^^4 

receiving  troops  of  belligerent  must  intern  them,  1P99,  Ila.  f ;   1907.  V,  // 127,135 

retention   of   belligerent's   railway   matt-rial,    1907,    \  .    /p 137 

comi>ensatinn   therefor,    1907,    V,    10 137 

Neutral  territory 

inviolable.    1907,   V,  /    133 

cables  and  telegraphs;   use  of  by  belligerents,   1907,  V,  i,  i,  S,   J 133.  134 


.j:!-.:2iiaar:2to:si^ji;ir'*»iS:T= 


•J^  1_  -  '^-L^^^M 


292 


INUEX-DIGKST 


„ol,n,.„.  „l  nrntr.lit,  on.   ,,r.v,„tinn  .m)  ,mn,,hmrn>     mT     V.   f 

pr./c  cur.  c.n  ,„.,  hr  .c>  u,.  .n  nru.r.l  «.l...  ..r  o„.  l'«7,  Mil.  4 
tr....|..  mi  n.)t  I.e  (ot>nr<l  '"  reiruilfd  on,  1W7,  V ,  <,  5 


I.U 

,  1  U,  U4 

.    .'10 

....    1J4 


.1  |. Inner.  fi>r.  rule  u  lo  .ciiurc  of.  1907,  IVi,  }} 


Nrwnaprr  rorr»»|)onil»llt« 

■lllu.  ..1.    IKd?,    lU.    I.r,    1907.    I^«.    "• 


K'6 


112 


Nlrsraiu* 

tilhrji.  ti,    «nti    ilttoi    tlirrri.f 

ilfltg»'r«    to    .(-en.)    ci.iii'r.nrc- 

rrsrrvtlion    (o    IW?    (  onvrnlion    II. 


. .2J1.  2l«.  ^3» 

Ift 

94,  .'-t? 


Noa-rombalant* 

.rt  o(  arm.d  f..r<:r..   IKIO,  Ila.    I:   l''n^  IN*.  J- 
„r  *tr.   1!'99,   II.,  J;   1907,   IV.,  J 


■■   par 


108 
108 


Norway.     Sw  b1»o  Hwrdrn  and  Norway.  ,^ 

dflrnalrs    to    srccin.!    cnfrrrnrr :31.  J.t.'<^'9 

ratilualioni    .nd    clalrt    tliiToif _,„, 

iiunaliiry    of    1910   additmnal    protocol 


Orriiiilrd   trrrllory 

„lm,ni.trat..n,    1«99.   Ila,   4i.  <<;    1907.   1\  a.  4.:   ft 

1S99    II..  j<;   1"'''.  I''".  .»-' 

I»99    II.,  4>.  49.   1';   Vim,   IVa.  4>.   4Q.  ." 


-v.  /<.  J  J' 


..f 


lllfKiancr  i>f  inlialiilant« 

l»jr.»mrnl  .  (  laxrj  t>y   "i'"iP«nt. 

.mhori.y  ovrr.  «r,trd   in  wlu.m,   1^99     lU,  ,,,;   ■"»'■,»■;-    ^^  ^,  ' 

con.r,hu>,on,  and  rr-„.„monv    1M9,    II,,   40.   ,,     V:    '";  '„,'\;-  ■'"' / 

rri,.r,  c-,.n„r.,„rd  ,n.  j>,r„dic„cn  over,  ll<99.   ^^'-/'J'"'    ,'\%'\^ 

fan„ly  honor  and  ri«l,.,  to  br  ,c„.rc,rd,  IH9,,   II..,  fl.    Vn,  .    IVa.   4^ 

forr.ts,   usr   of,    1H99.    Ila.    53;    1907.    IVa     M      ■_ 

guide,    imprcMmrnt  of.   1K99,   Ila.  U.   41.    1907.    I\  :.. 

inhatolants  <an   not   l.r   forced  to   give   informati. 

19117,    I\'a.    4j(m>     

may   no,  he  compiled  to  .».ar   allr^ianrr  t..     .,.,,  ant. 

r.Rhls  and  dutirs  of,  !!"">,  I!.n.  ^.t.  J5.  J'':    •   l^''' 

vrrvicrs  which   may  hr   drm.ind.d  of.    1^99,    lU.    V:    . 
law,  .n   forcr  ,0  W   rc^,-rctrd,  rtc.    \>"»%   Mr.     Jt:    1907, 
of  irans'.ortation,  poW.c  and  privalf,  „M?urf.  "i 
vrrnn.tnl.    1P99,    ;ia,    43.    1907,    IVa,    j; 

ilcslroction,   etc..   of   ^lati-      •■iri'v 
drfinrd,  l.'-''>9,   Ila,    ).•:         7,   Pa 


I 


l\ 


II 


IVa.   4^ 


mrani 

military  Ro 

military  nrcrssity. 

military  orcuialc. 


'a. 


Ill,  .V,    1' 


■17,  IVa. 
1  -,  IVa,  ->.! 


nrwspaprrs,  crnsnrsliip  over,  1907,  IVa. 
oath  of  allrniance  may  nol  he  ri-quircd  n 
occopani,  ohlisali.n  to  defray  c«;  ense,  - 
oWiRations  of.  IJ'99,  II.i.  jt;  1''07,  l\ 
ofT.cial,.  >alarie>.  of,  h.'^v  1  ai>!,  l'-''9.  lio 
l-rn.Tlly   inflicted   on    poi.\iiatii  n   on   aii."Hnt 

l\'a,     VI        

..lo;,.u-d,    l^'''>.    II.i    47-    1907.    n 
reaula'ion  of,  it-l').  Ila.   <; 
n.i.,,cr,    >0M^,.r.i.|.,    1"07,    !\ 
,1,.;  o.'t  c..nC,Mall.-.  l---"".  iln 
.n    and     a.-w-    aipiiani.  -,    -iii 


tiiiahitanf'. 
.l.!nnr.i..trai- 


,S.    1" 
I    ..f     ■. 


n.   1" 


.0   (<,    1""". 
Ila.  4S.    r-f 


I\'a.   4' 
7.  IVa. 


oliials.    1899,    Ila,  5".    1907 


pillaKo   pr' 
postal   service. 
ore's    corrt-Hp- 
1  ro;  crty.  !  ri> : 
ttaiiM  "rtali' 


,  IJA 
1J3 
\24 


1.'3 
1:1 

1,'fi 

.  1.-M 

i:.5 

12J 
.  1J3 

l.'.i 

i;3 

;J5 
l-'i 

lln 

1:: 
.    l.S 

l.'J 
.    1^4 

U'3 

.   i;4 
1:4 

IJ.! 
125 
125 

!:3 


ivoo     Ila 


l\'a,    w(iii),    5)'ii). 


1  J117. 
.12; 


l'^_^!!sKi^.*^^li; 


INDEX-DK.F.ST 


')J 


pmHTty.  •titr.  (Irtlrurtmn.  rlr  .  i,(.   I'W,   M«.  /(.   H;   I107,   |\'a.  .•),   M tl6. 

»ii«cciilil.le  military  utr,  Ki»urr,  flc.   I""''*,  II«.   M.    f"'.   '^  ■<•   '.' 

riil»«y   •ti.l   Itlrgrllhic    rutfriil.    I)")'),    II«.    il;    1907.    |\'«.    M        

rral   I'T'I  rrty.  linnlilicm.  .m  n.ntrril,    l!"*").    III.   (f.    I'Xl?.   I\».    M    

rrll|ll.■ll^  I'laclifi  •,  ric  .  tn  be  rrti  cctril.    IN'il,   Ila,  #5.    1907,   IVa.  ^n 

rr'nii«iti"n..    |l")'l.    lU,    .«•    ''"'^.    '^''^    W 

•..vfrriKiity   .,f.    11"*"),    lU.   Jl;    IW?,    IVa,   Jl 

ii.lniarinr    caMm.     I"}!)?,    I\'».    M<m).    M(n) 

Ia«n.    '!Mr«,    anil    l"ll«;    ai»r»iTnfnt,   t.illtctli'n    anil    ililliiir<rtnrnt.    !»"".    Ha.    4>.    f/,    S' '■ 
\'»<1.    I\'a.     /«.    <■;.    .« 

iiiijn«r.l    I    r    li<Tii!it    if    llic   tiatf.    ciill'illnn.    anil    ,li«(uir«cmrnl,    l"")'*.    ll.i,    JV,    riu7, 
l\a.    <^    


r'ail- 

!.'» 

I. -J 
US 
123 


"n.,    ICQO.    Ila. 


(i(   militia   anil   viiliintrtr 
aa   prisnnef*  nf   i^ar 

atalpnirrit   if   rank,   if   t\ 

,iav,    \Wi,    Ila.    17.     I'K 

l'3r  ar,  l^")''  Ila.  ii.  1907,  l\'a,  /(.  .. 
Ii.iri'!f  wlitti  interne!  in  nnitral  trmt'iry 
uf    .  ai'turrti   rnrniv    t^-irchant    ihil> 

«!i!i    nali"na!»   nl    ticiiMi'    atatc.    I'n?.    XI.    5 

wi     II   n.i'i'HaU  iif  cnrmy   'tatr,   1''07.   XI.  '5.. 


11)07.    .Va,   I. 


107 


innri).   1K99,  Ila.  Q.    I''ii7.   IVa.  u HO 

l\'a.    /7(m) in 

in 

;    \i% 


1  107, 


184 
18S 


Oprnlnic   of   hoatllltlrn.      S<'<-    il-.i    I 
riT-rntion    relative    t".    1'"'^.    Ill 
r.iti'uatii'ns    and    ailf:r«iim*    .  .  .  . 
licniitu  i.itnn.    tiirthi'il    if.    ,'..,. 
notice    to   enemy.    T)n7.    111.    ;..     . 


liter  Merelmnt   Mhiptt.  enemy. 


ni'tlie    to 


■iilfa!    t'l 


veri*. 


">« 

9H 

9X 

96 

nn?.   III.  -• 96 


l-«einr  aelllemrnl   of  liilernitllnniil  dUputea.     See  rlls.i  .trhllralinn ;   Mediation 

c.  nvention  f"r.   IK'iQ.  I;   l')n7.  I,  texts. 

ratil'i  ati'  n*.    aillesinni    ami    re^ervatirns 

c.'n.iKi'.ns   of   adln-'ion.    isoi.    I.   A:,    IQfl?.    I.    t)t 

rtennnciatmn,   metlu.il   of,    ll"<9,    I.   6/;    19fl7.    \.   o6 


41 

81 

79 
»0 


Panama 

adhesions     and     Hates    thereof 231 

rfeletrate   to   second   conference 17 

ratifications    and    dates    thereof 2.1S,  3.19 

siunatory    of    1910    additional    protocol.. *08 

PafairiiB.T 

adhesions  and    Hates  thereof    2.t2 

delegate   to   second   confere'  'e '7 

sicnatorv    of    1910    additional      roto-ol 20S 


Parlementalri* 

ahiisioB    rrivilcKe".    1S99,    Ila.    ,■.';    1907.    IVa.    It 

accotnjanied  t.y  whom.   I '99.  Ha.   :.':    1907.   IVa.    x! 

commander  not  in  all  cases  nWit-ed  'o  re.eive.   1S99.  Ila.  ,?.;:   1907,  IVa, 
1-finition.   HOO,  Ila,    j::   1907,  IVa.    ;.• 


120 

119 

l-'l) 

119 

detention    f    r    cause.    1-^99.    Ha.    .!.) :    1907.    IVa.    .!,» 120 

l.iss  of  Inviolahility,    1K99,   Ila,   .tj;    1907,   l\'a,  S4 '-^ 

riiihts  and  irivileces.   1«99.  lU.   ,;;   1907,  IVa,   w '19 

treason  rroyolced  or  committed  by,   1899,  Ila,  34:   1907,  IVa,  34 '•^f 


294  INDEX-DIGEST 

Page 
Pmrolc  111 

d"y  0     gov^rnmcn.  of  parol.d  prisoner  of  war.  1899,  Ha    ,0;  .9        IV..  "'••■■^.••- 

office,  .ntcrncd  by  ncu.r.!.,   1899,  lU,  ,r.  1907    V.  „j  1907    XIII    U 127.135, 

prisoner  «n  no,  be  compdkd  to  accept,  1899,  II.,  ,r.  190<,  I\  .,  /» 1 

not  fnl.tled  to  parole.  1899,  Ila,  ,r.   1907,  I\  a,  »J 

through  neutral  territory  of  goods  and  i^ersnns,  1907,  V,  7< 

through   neutral  waters  hy  belligerent  vessels,   1907.  XIII.   10 

Penmlty  jOj 

for  .iolations  of  laws  of  war  by  state,  1907.  i\  ,  3 •; 

for  individual  acts  of  inhabitants,  1899,  Ila,  fo:  1907,  I\  a,  Jo       « 

unjustifiable  adoption  of  naval  or  military  marks,  1907,  X,  «(n) 

Permsnent  •dmlnUtr.tlTe  coonell.    See  AdmlnlatrmtWf  cooncll. 

Pernwnrat  mrbltr.tlon  conrt.     See  Arbltrmtloo.  permanent  court. 


Perils  ]9 

delegates  to  firit  and  second  conferences ^^^ 

ratifications    and    dates    thereof ^ jj   ^^^ 

reservations  to   1907   Convention    X 208!  256 

to  1907    Convention    XII    218  258 

1907    Convention    XIII     ^^jg 

iignatory  of  1910  additional  protocol 

»••"•  ,  ^        ,  232 

adhesions   and   dates   thereol j^ 

delegates  to  second  conference 95  248 

reservation   to    1907    Convention    II ^^^ 

signatory  of   1910  additional   protocol 

PllUge  173 

laws  to  he  enacted  tc  prevent.   1907,  \,  «(n) ^^^ 

prohibition,   1899.  Ila,  47:   1"0'.'.  IVa.  47 „ „' '  „•  '    ' ' '  VooV  iv  '  V  "lis  1« 

even  when  rlace  is  taken  hy  stor.n,  1899,  Ila,  .«;   1907,  Ua    ,8;   1907    IX.  7.... 118,      9 
protection  of  wounded,  sick,  shipwrecked,  and  dead  against.   190/.  X,  /«n) 

employment  by  belligerents  permitted,  1907,  XllI,  u 

Plrlllpatrntlsrtra  to  the  Hacue  Conference*  ^^ 

index    of    names    

PoUon  or  poUoned  %rmn  ., 

prohibition,  1899,   Ila,  iy.   1907,  IVa,  J3 

Portnital  232 

adhesion    and    date    thereof ^  ^ 

delegates  to  first  and  srcnnd  conferences -^   ^^^ 

ratifications    and    dates    thereof '^^^ 

signatory   of    1910    additional   protocol 

Poatal  correapondenre  .     .     ,      .      ,    ,nnT    vi    ,  1R2 

must  he  for»ard.d  as  snon  as  inssihle  if  sh.p  is  detained.  1907.  M. ;■■■;•■    '" 

on    neutral    or    enemy   shir   is    inviolable    unless   intended    f..r   blockaded    port    in    v.ola- 
tion  of  blockade.  1907.  XI.  ; 


INDEX-DIGEST 


295 


Preitatlon.     See  Anckrr.  F'KC 

PrUonfra  of  war.     See  also  Intormstloii  boreao  resardlnt  prl>oners  of  war;  In- 
ternmrnt;  Parole. 

in  naval  war 

belligerents  shall  inform  each  other  of  changes  in  dead  and  wounded,  1907,  X,  ;;(n)  171 
crew  of  enemy  merchant  ship,  when  nationals  of  neutral  state,  are  not  made,  1907, 

XI.    5     183 

crew,  nationals  of  enemy  state,  if  they  agree  not  to  aid  in  war,  are  not  made,  1907, 

XI,    <S     184 

medical  staff  of  captured  ship  are  not,   1899,   III,  7;   1907,  X,   10 169 

officers,  nationals  of  neutral  state,  if  they  promise  not  to  serve  on  enemy  vessel,  are 

not  made,    1907,  XI,  3 1S3 

religious  staff  of  captured  ship  are  not,  1899,  III,  ;;   1907,  X,  10 169 

sick  and  wounded  in  hands  of  enemy  are,  1899,  III,  5;  1907,  \,  14 I'O 

in  war  on  land 

board,  lodging,  and  clothing,  1899,  Ila,  5.  7:  1907,  IVa,  j,  7;  1907,  V,  u 108,109,135 

burial;  regard  to  grade  and  rank,  1899,  Ila,  tg;  1907,  IVa,  19 115 

civilians,  1899,  Ila,  /.?;  1907,  IVa,  13 lU 

confinement,  when  authorized,   1899,  Ila,  5;    1907,   IVa,  j(m) 108 

where  authorized,  1899.  Ila,  y.  1907,  IVa,  5 108 

death  certificates,  1899,  Ila,  19;   1907,   IVa,  ig 115 

entitled  to  what,  1899.  Ila,  7;  1907,   IVa.  7 109 

escaping  into  neutral  territory,  1907,  V,  13 135 

impost  duties  on  gifts,   1899,   Ila,   J6;   1907,  IVa,  t6 114 

insubordination,  how  dealt  with,  1899,  Ila,  «;   1907,  IVa,  S 110 

labor;  settlement  of  conditions.  1899.  Ila.  6;   1907,   IVa,  6(m) 109 

for  public  service,   1899,   Ila,  6;   1907,   IVa,  6 109 

for  private  service,  1899,  Ila,  6;  1907,  IVa,  i 109 

wages;  disposition,  1899,  Ila,  6;  1907,  IVa,  6 109 

laws,  regulations,  and  orders  to  which  subject,  1899,  Ila,  «;  1907,  IVa,  S 110 

maintenance,  who  is  charged  with,  1899.  Ila,  7;   1907,  IVa,  7;   1907,  V,  u 109,  135 

military  jurisdiction  over,  1899,  Ila,  4\   1907,  IVa,  4 108 

name  and  rank,  must  state,  when,  1899,  Ila,  9;  1907.  IVa,  9 1 10 

newspaper  reporters,  1899,  Ila,  13;  1907,  IVa,  13 112 

non-combatants  as,  1899,  Ila.  3;  1907,  l\'a,  3 108 

officers'   pay,    1899,    Ila.    17:    1907,    IVa,    /7(m) 114 

postage  free,  1899.   Ila.  ;6;  1907,  IVa,  16 114 

proi^erty;  disposition,   1899,  Ha,  4:   1907.   IVa.   4 >"' 

questions  which  must  he  answered  truthfully,   1899,  Ila,  9;   1907,  IVa,  9 H" 

recaptured  after  successful  escai>e,  1899,  Ila,  S;  1907,  I\a.  S 110 

relief  societies.  1899,  Ila.  ly,   1907.  IVa.  /j 113 

religious  freedom,  1899,  Ila,  fS:  1907,  IVa,  ;» 114 

repatriation,   1899,   Ila,  lo;   1907,   IVa.  K 115 

return  or  card  for.   1899.  Ila.  14;   1907,   IVa,   14 lU 

sick  and  wounded,   1899,   Ila,  ^l■.   1907,  IVa,  2l\   1907,   V,  t4,  IS 115,135.1.16 

subject  to  military   jurisdiction.   1^99,   Ha.  4.  S:    1907.   IVa.  4.   S 10>l.  110 

taken   into   neutral   territory.    1907.   V,   13 1-5 

treatment,   humane,    1899,    Ila,   4;    1907,   IVa,   4 108 

who  can  claim  status  of,  1899,  II,  13;  1907,  IVa,  ;i 112 

treated    as,    1899,    Ila,   3;    1907,   IVa,   3 108 

wills,   1899,   Ila,  19:   1907,   iVa,  tg 115 

wounded  and  sick,  1899,  Ila,  n:  1907,  IVa,  ir.   1907.  V,  13,  14.  15 115.  l.",  136 

Prlte.     See  also  Internationnl  prlie  rourt. 

brought   into  neutral   port.    1907.   XIII.  ^t,  2.' :i.1,21-' 

captured   in  neutral  waters  must  be  liberated,   1907.   XIII.  ,! 210 


296  INDEX-DIGI'ST 

Page 
Prlie  Coart 

international.     Sec   Iiit»rn«tloB»l  prlie  court:  AddltloDkl  protocol. 

national  210 

in  neutral  territory  or  waters,  1907,  XIII,  4 ■  ■  •  • ■  •  ■  •  •  ■-■■ 

when  devision  as  to  nullity  or  validity  of  capture  may  not  be  brought  before  inter-  ^^^ 

national    court    * "  • " „. 

basis  of  api^cal  to  international  prire  court  from,  1907,  XII,  .) '- 

can  deal   in  only  two  instances  with  case,   1907,   XII.  6.. ;,',„;'  vi  I ' '.V 

decision  and  record  of  case  are  sent  from  international  i-r.ze  court  to,  1907,  XII,  ^5 

(amended  by  additional  protocol,   .Article  7) ■ ■       •  - 

local    law    determines    method    of   appeal    to    international    prize    court     from.    1907, 

XII,    6     

Prorrdurr.  arbilriitloii.     See  Arbltrmtlon  procedure.. 

^'Z"X  appropriation  of.  1M9.  Ila.  .'?.  }J.  .«;   1907.  IVa,  r<.  5-.  54 '"•''■■'.■s 

destruction   of,  etc.,   1899,   Ila.  ;.t;    1907,  IVa.   ij ■  ■  ■  ■ ; ;;^",,'.    Ac 

military  necesMtv  afTectin,,   1899.  lla.  13.  53.  M:   l^.  I^  »•  «•  «•  ^^V,.  ',^ 

enemy's,  state,  real,  h.Ul  by  occupant,  rule  governing.  1899.  Ila    Jj;  1907,  IVa.  ij....     -6 

occupant,   acts  as  administrator.   1899,   Ila.  }$:   1907.  IVa.  f, '- 

municipal.   1899.  Ila.   .v5;    1907.    IVa.  5« ,, 

munitions  of  war.  1899,   IVa.  5.!:   1907.   IVa.  S3 ^ 

of  prisoners  of  war.  1899.  Ila.  .»:  1907.  IVa.  4 V, 

of  h.spital  staff  on  captured  vessel.  1899,   III.  7;   1907,  X.  "'•••■•  — •,-. ,;•     *^ 

private;  classes  susceptible  direct  military  use.  1899.  Ila,  S3.  5<;   1907.  I\a.  53.  i^-   -S.    26 

confiscation.  1899.  Ila.  46,  47.  *5;   1907,   IVa,  A  47,  iU ,,3 

must   he  respected,   1899,    Ila,  *S;    1907,    IVa,  jil •■•     " 

pillage  forbidden,  1899,   Ila.  rf,  47:   1907.   IVa.  ^».  47 ;,,;'    'c'    « 

seizure,  1899,  Ila,  .-j  «,  .5.).  54:  1907,  IVa,  .'j  K.  f.--  54 Ut>.  i->,    -o 

susceptible  of  direct  military  use,  1899,  Ila.  }3:   1907.  I\  a,  53 ;^ 

rublic.  movable;  military  use.   1899,  Ila,  J.!;    1907,   IVa,  33- ■■ ,' '^^  ' '.V  '  ' '^' '  Vgn'-' 

religious,   charitable,    educational,   art    and    scientihc    institutions.    1899,    Ila.    56.    190- ,  ^^^ 

IVa,    56     ,-,5 

requisitions.   1899.  Ila,  V;   1'07.  IVa.   v " 

•tate.  real.    1S99.  Ila.  53;   1907.  IVa.  55 ;  •  ■ ;;:     " 

usable  for  transmission  of  nev>s,  1899,   Ila.  S3.  54:   1907,  1\  a,  53.  3-< ,c 

transportation  of  persons  and  things.  1899.  Ila,  «;  1907.  IVa.  ji i'> 

Qnartrr  ,,g 

can  not  be  refused.  1899.  Ila,  !3:  1907,  IVa,  !3 

Ballwa7  material  .    ,,,         ,     ,  i5a 

enemy;  conditions  of  requisition,  1899,  Ila,  5.?:   1907,  IVa,  j.t(m) ••■    ^6 

from  neutral  states  in  occupied  territory,  1899,  Ila.  5<;   1907,   V,  ,9 1-*.  1" 

RatifleallonH  ^^^^  ,,, 

t,.   ]'"■)  iMnventioii-  anci    I  icchirations V,j  Tjg 

t..   I'mT   t  .nvcruiiiiis  .-in. I   Ucclaralion "" 

shall  be  given  for  contribution,   1899,   Ila,   «;   1907.  IVa.  5' ;;;     " 

supplies.  1899.  Ila,  y:   1907,  IVa,  5^:   1907.  IX.  ., 1-'.  l^s 

Recommendation  2g 

Third  I'cace  conference.    1907,   f 

RprrultlnK  ,,, 

in  neutral   territory  by  belligerents  prohibited,   1907,  V,  4 

Red  font.     See  iilso  Flan.  , 

bra.s.ird,    mi=u5e   forbidden,    1899.   Ila.    !}:    1907,    IVa.   « |J» 

reservation   of    Persia   respecting ^^^ 

uf    Turkey     


INDEX-DIGEST 


297 


1 
■ 


Bclirr  norlrtln  Pafe 

for  prisontrs  of  war,  1899,  Ila,  i};  1907,  IV«,  is lU 

•nd  ho«i)it«l  shipl,   1899,  III,  1,  };    1907,   X,   l,  i(m) 164,165 

RrllKlon 

buiUlings  devoted  to,  destruction  of,   1899,   Ila,  }6;  1907,  IVa,  ^ 127 

I>rotection  to  be  given  to,   1899.   Ila,  ;7;   1907,   IVa,  ^7;   1907,  IX,  j 118,  158 

signs  to  indicate,   1907,  IX,  j;   1899,  Ila,  i7:   1907,    I\a,  j; 158,  118 

exercise  of,  by  prisoners  of  war,  1899,   Ila,   iS;  1907,  I\  a,  iS 114 

military  occupant  must  respect.   1899,    Ila,  46;   1907,  IVa.  46 IJJ 

religious  staff  on  caritured  vessel  is  inviolable,   1899,  III,  7;   1907,   X,   10 169 

may   take  private   property  with   them,   1899,   III,   7;    1907.   X,  10 169 

salaries,   1899,   III,  7;    1907,   X,   ;o(m) 169 

vessels  with   religious   mission,  exempt   from   capture,   1907,   XI,  4 183 

and   the  24hour   rule,    1907,    XIII.   14 212 

Reiialrs.     See  under  War-tthlpR,  belllcerent. 

Repatrlfttlon 

of  prisoners  of  war,  1899,  Ila,  in;  1907,  IVa,  x 115 

Reporters 

rights  as  prisoners  of  war,  1899,  Ila,  ;j;  1907,  IVa,  13 112 


Reprisals.     See  under  Penalty. 

Requisition 

of  enemy  merchant  ship  on  high  seas  and  ignorant  of  war,   1907,  VI,  3 142 

of  enemy  merchant  ship  unable  to  leave  enemy  port  within  time  limit,   1907,  VI,  2. . . .    141 

should  be  authenticated  by   receipts,    1899,   Ila.  5?;    1907,    IVa,  V 123 

should   be   for   the    necessities  only    of   the   army,    1899,    Ila.   jl;    1907,    I\'a,   y:    1907, 

IX,    3    125,158 

should    be    in    proportion   to    resources    of   the   country.    1899.    Ila.    5^:    1907.    I\'a.    5.*; 

1907,     IX.     3 123.  158 

should  be  paid  for  in  cash  if  receipt  is  not  given,  1899,  Ila,  si;  1907,  IVa,  ji;   1907, 

IX,    3    125,  158 

should  be  under   authority  of  commanding  officer.  1899,   Ila,  5^:   1907,  IVa,  y 125 

town  may  be  bombarded  for  refusal   of,   1907,   IX,  3 158 

Reservations 

to  1899  Conventions 

Germany,  to  Convention  III 178 

Great    Britain,   to   Convention    III 179 

Roumania.   to   Convention   1 ^2 

Serbia,   to   Convention    I    s.i 

Turkey,   to   Conventions    I    and    III 83.179 

United   States,   to   Conventions   I    and   III 84.179 

to   1907  Conventions 

Argentine   Republic,   to   Conventions    II   and    V 92.140 

Austria-Hun(<ary,    to    Convention    I\'    l.U 

Bolivia,    to    Convention    II 03 

Rrazil.    to    Convention    I    85 

Chile,  to  Conventions   I.   IX,  and   XII h6,  16.7.  208 

China,   to   Conventions    X    and    XIII 180,218 

Colombia,  to   Convention    II 93 

Cuba,    to    Convention    XII 208 

Dominican    Republic,   to   Conventions    11,    VIII,   and    XIII 93.156.218 

F.cu.idnr.  to   Conventions    11   and    XII 93.208 

Franr^,  to  Conventions  VIII  and  IX 156,  162 


2 


298 


INDEX-DIGEST 


G«m.ny.  to  Convention,,  IV.  VI.  VIII    IX.  and   XIII 


Great  Britain,  to  Conventions 


V.  VIII.  IX,  X.  and  XIII.... 


Page 
..132.  145.156.  162.218 
..140,  156.162,  181,218 

86,94 

94,  208 

208 


Greece,   to   Conventions    I    and    II... 

Guatemala,  to   Conventions   II   and    XII 

Haiti,  to  Convention  XII    ■•■■■■  ■  •  • ' ' ' ' ' ' ' .■.".■.■.■.■.'.'.'.'.'.'.'.86,  132.  162,  218 

Japan,  to  Conventiona  I,  U  .  IX,  and  Aiii ^^^ 

Montenegro,    to    Convention    IV    ^^ 

Nicaragua,   to   Convention   II    . . . .    •  •  •  •  • ..'.'.'.'.'.' .'.'.'l8l'.' 208,  218 

Persia,  to  Conventions  X.  XII.  and  Alll jj 

Peru,    to   Convention    II    gg 

Roumania,  to  Convention  I    ..."..  132,  145 

Russia,   to    Conventions    IV   and    VI 9-,' 208 

Salvador,   to   Conventions   II    and   XII.^.^^ ."  .■i56,'208'.  218 

Siam,  to  Conventions  VIII,  XII  and  Xlll ^^  ^^ 

Switzerland,  to  Convention  I   and  Final  Act .  •••••••••■••■•• 

Turkey,  to  Conventions  I.  IV.  VII.  VIII,  X,  XII,  and  XIII.^  ^^^  ^^^  ^^     ^^^  ^^^_  ^^^ 

T     Ti    .-A   VIIT  87,95.219 

United  States,  to  Conventions  I.  II   and  Xlli 95,208 

Uruguay,  to  Conventions  II  and  XII 


R«aolutloni 

limitation  of  military  expenditure,  1899,  f;  1907,  f. 


28 


RonmKiii* 


20 


delegates  to  first  and  second  conferences ..232,  238,  239 

ratifications   and    dates   thereof '    gj'  jjj 

reservation    to    1899   Convention   I    ! , . .  .86.  240,  241 

to    1907    Convention    I    


Runes  of  war 

allowed,  1899,  Ha,  14\  1907,  IVa,  14- 


117 


Rnaala 

delegates  to  first  and  second  conferences. 

ratifications    and    dates    thereof 

reservation  to   1907   Convention  IV    

to    1907    Convention    VI    


20 

.232,238,239 
.132,250,251 
.143,252,253 


galTsdor  232 

adhesions   anc   dates   thereof    ' '  "  jj 

delegates  to   second   conference    ...  238,  239 

ratifications    and    dates    thereof ^^   243  249 

reservatinn    to    1907    Convention    II ...208,256 

to     1907     Convention    XII 

signatory   of    1910   additional    protocol 

Pee  also  Gen»T»  Conrentlon :   Iloapttal 


208 


Sanitary  formatlooa  anil  Mtabllshmrnta. 
xhlpa 

convoys 


of  evacuation   in   neutral  territory.  1907,   V,   14- 


135 


iS;    1907,    IVa. 


medical    personnel,    captured,    lay    and    allowances    of,    1899,    Ila,    .,,    .-,    ---•■--  „^ 
;7,     'S     


Hrlrntlflr  purposes  ,„.-    .,,       rf    . .  J27 

establishment,  treated  as  t^rivate  property,  property  or   l"'".  "'^  ^•^^°^;  ^ ''  ^ 

.hould  be   designated   and  protected   dur.ng  bombardment,    1899.   Ila,  >7 .    1907,   IN^a^.  ^^^ 

!7;     1907.    IX,    5 183 

vessels  exempt   from   capture.   1907,   XI,   4 •  ■  ■ ^j^ 

exempt   from  twenty-four  hour  rule,    1907,   XIII,    '4 


T^'A.  'HSSBP^S.ISF: 


INDEX-DIGEST 


299 


8«siTh.    See  Vtott  and  March. 


Pigc 


Srrbia 

delegates  to  first  and  second  conferences 22 

ratifications    and    dates    thereof 232 

reservation   to    1 899   Convention    1 83,  233 

Bblpwreekcd.     See  under  Sick  and  woonded  In  naval  warfare. 

Blam 

delegates  to  first  and  aecond  conferences 22 

raiil'icalinns    and    dates    thereof 2„3,  238,  239 

reservation    to    1907    Convention    VIII 156,254,255 

to  1-107   Convention    XII    208,256 

1007    Convention    XIII    218,258,259 

signaliTy   of    1910   additional   protocol 208 

Sick  and  wounded 

in  land  warfare 

brought   through   neutral  territory,   1899,   Ila,   W;    1907,    V,   14 128.135 

collected    in   buildings,    protection   to   be   given   during   bombardment,    1899,    Ila.    ,?7: 

1907,     IVa,     tf 118 

fieneva  Convention  covers,  1899,  Ila,  il;  1907,  IVa,  il 115 

interned    in    neutral    terrilcry,    Geneva    Convention    api'lics    t''.    18^9.    Ila.   6n-    i907. 

V,    1}    129,  136 

in  naval  warfare 

belligerents  may  appeal  to  neutral  merchant  ships  and  yachts  to  take,  1907,  X,  o(n)   168 
belligerents   may  demand  that   hospital  ships,   private  yachts,   etc.,   hand   over,    1907, 

X.     «(n)     170 

belligerents  shall  send  to  each  other  description  of,  1907,  X,  f7(n) 171 

neutral  state  shall  be  reimbursed   for  expenses  of  caring  for,   1907,  X,   73(n) 171 

powers  will  enact  criminal  legislation  to  prevent  pillage  of,  1907,  X,  ii(n') 173 

landed    at    neutral    port    must    be    prevented    from    taking    part    in    hostilities    again, 

1907,    X,   /3(n)    171 

neutral   merchant  ships  committing  no  violation  oi   neutrality,  will   not  be  captured 

for  saving,  1899.  Ill,  6:    1907,  X,  5(n) 168 

of  one  belligerent  are  prisoners  of  war  in  hands  of  other,  1899,  III,  9;  1907,  X,  14..    170 

of  whatever  nationality  shall  be  cared  for,  1899,  III,  8;  1907,  X,  /r 169 

prisoners  of  war.  disposal  of,  1899.  Ill,  9;  1907.  X,  14 170 

shipwrecked,  belligerents  after   engagement   see  to  examination  of  dead,   take   care 

of  and  prevent  ill-treatment  of,   1907,   X,  ;i5(n; 171 

taken  on  board  neutral  war-ship  must  not  take  part  in  war  again,  1907,  X,  /j(n)...   170 

Sick  warda 

are  not  protected  if  used  for  injuring  the  enemy,  1907,  X,  8(n) 168 

may  be   used    for   other   purposes   if  necessity    requires,    and   sick    and   wounded    are 

cared    for.    1907,    X,    7(n) 167 

on  board  shall  be  protected  in  fight,  1907,  X,  7(n) 168 

SIcnatory  Power* 

to  1 899  Conventions    and    Declarations    230-232 

to   1907    Conventions   and   Declaration 236-2,19 

to  1910  additional     protocol     237,  239 

Spain 

adhesion  and   date  thereof    23S,  239 

dflpgates  to   fir^t   and   second   conferences 10 

ratifications    and    dates    thereof 232,238,239 

signatory  of   1910   additional  protocol 208 


pi 


3QQ  INUKX-DIGI.ST 

gpwlal  mrdlmlon.     S»  Mrdlallon  •nd  «ood  ofllcM.  ^*** 

ipy  118 

drfincl.  1P9Q,  Ila,  .-o;   lOO?.  I\.,  « .'woo  '  1 1.' '  i, '"iVo'     IVa     1/  ..119 

immumty  from  ,„m.sl,n,,nt  on  .uh.rnurnt  c.pturr    IHM    lU    j,,   190,.   U  a,  J/  | 

„„„   b.   ,rioi  before   ,.uni.hn,cn..    1H»9.  11..  .,o;    1907,   ^,^  »•  jf' '  ,nV  '  U  .  '  « 118 

•nWier  not  wr«in«  .l..gmse  in  enemy  .one  ,,  nut  a,   Ua.  ^;    1907.   U  ..  ^ 

Submarlnr  mineii.     See  Minn. 

Supplies  tf       0  1^6 

f„tiii>.lie<l  belliKerenls  by   neutrals,    1907,  V.  "■.■■■•„„•■■•;•, ,34 

shirnient  of.  from  ne>.tral  territory,  rule  KovernmR.  1907,  \.  7 

Buppllm  «nd  loans  jjj 

when   not   unneutral.    1907,  V,   iS 

Surrender  ■„        ,    \  . .   170 

of  ..ick  an,l  wounde.l  by  bo-^pital   sliifS,  1907,  X.  /-'(n) ^ 

wounding  or  killing  after,  1899.  Ila,  13:   1907.   IVa,  ij 

""e'n'k-,!  t„  .r....n,cm   given  ori^oncrs  of  w.,r,  1899,  Ila,   ,,;   1907,  IV.,  ,., 113 

Sweden.    See  .'lUu  Sweden  and  Norway.  23 

drVcatrs    to    second    conft-rinie .'.'.'.'.232.238.239 

ralifuati^ns    and    dale',    thereof jog 

signatory   of   1910  additional   jTOtocol 

Sweden  and  Norway.     Sec  nls"  Norway ;  Sweden.  ^^ 

riclrgatrs    to    fir«t    conference 231.232 

raiificaliors    and    dates    thereof 

Hwllierlnnd  232 

adlicsi'n    and    date    thereof ""      '         23 

d,lreat..«  to  first  and  second  conferences .'.'.'.'.  .'232.  238,  239 

ratiiiiatiops    and    dates    thereof 86' 24o!  341 

res.rv.ition    to    1907    Convcnti..n    I '.'.'...,.....  .."40!  258 

to  1907   Final    Act    ^     jQg 

signatory  of  1910  additional  protocol 

'''"ection  in  territory  occu,  ied  by  helligerent.  1899.  ITa,  4S:   1907,  IV.,  ,« 124 

Telegraph,  and  telephone..     See  nls"  Cable..  jj^ 

in    neutral   territory,    1907.   V.   S ,25 

in  occuried  territory,   1S99,   Ila,  J.);   1907,   I\  a,  jj 

"r;:!"i;:f  ""  s    v.ha,    co^n^nnications   n„y   he   held    with    tnhal.i.ants,    l^''.    "a.   ^9;   ^^^ 
1907.   I\'a.    !»    

Third   I'eaee  Conferenee  2, 

rer,.,„ru  ndati'.n    of    IW?    as   to    daf,    1907  f y  ^^ 

as  to  j.rei  ara! -ry  committer.    1917  f '  '  '  '  ^^ 

proLTam.     1907  f     3O 

organization    and    procedure.    1907  f 

Three-monlhB  rule  213 

resi.ccting  fuel   supplies  in  neutral  ports,   1907,  Mil,  .0 


fS9'^:^rja'v:s^Tss, 


INDEX-DIGEST 


301 


Tarprdecs 

kinds   forbidden. 


1907,    VIII,  I. 


.    ISI 


Traniiportat  Ion 

appliances  of  ciimmunication  and,  1899,  Ila,  jj,  S4;  1907,  IVa.  is:  1907,  V,  ;v-    I'i.  1-6.  137 


Trrsrhrry 

as  a  intans  of  injuring  the  enemy,  1899,  Ila,  isb;  1907,  IVa,  i}  b 116 

Tmsoa 

provoked  or  committed  by  parlementaire,  1899,  Ila,  S4;  1907,  I\a,  34 120 

Truer,  n»u  of.     Hr^  nlno  Pftrlementalre. 

misuse  forbidden,  1899,  Ila.  /.);   1907,  IVa.  i} 116 

Turkey 

delcRates  to   first  and   second   conferences 24 

ratincations    and    dates    the.enf 232 

reservation   to    1899    Convcnliiin    1 83,  234 

to    1899    Convention    III 179,234 

1907  ConventiMn    I     86.240 

1907  Convention     IV     1  '2,  250 

1907  Convention    VII     150,252 

1907  Convention    VIII    155,254 

1907  Convention    .X     181,254,255 

1907  Convention    XII    -'UK,  256 

1907  Convention    XIII    218.  258 

signatory  of  1910  additional  protocol 208 

Twenty-four-hour  rule 

military  hospital  ships  not  on  same  footing  as  war-shir*.  1899,  III,  /;  1907,  X,  / 164 

respecting  hcllinrrent  warships  in  neutral  ports.   1907.  XIII,   u,  IJ,   14,  /6. 211,212 

war-shi|is  devoted  to  religious,  etc.,   purposes    exempt,   1907,   XIII,  1} 212 

I'odefeniled  plarr 

bombardment  prohibited,   1899.  Ila.  is\   "C  '^'a.  '5;   1907,   IX,  1 117,157 

effect  of  protection  by  automatic  submarine  mines,   1907,   IX,  ; 157 

naval  bombardmmts  to  secure  reiinisition-,  1907,  IX,  } 158 

for   money  contributi-ins   forbidden,    1907,    IM,   4 158 

rnfrlrndly  Bet 

neutral    power    using    rights    secured    to    it    by    1907,    XIII.    is    not    committing,    1907, 

XIII.    y,     215 

offer  of  mediation  on  tbe  part  of  third  powers  is  not  an,  1899,  I.  };   1907,  I.  j(ni>....     43 
reminding   disputants   of  existence   of   arbitration   court,   is    not   an,    1899,    I,  ij:    1907, 

\.  48   61 

Uniforms 

of  enemy;  improper  u'^e  forbidden,  189",  Ila,  if  f ;  1907,  IVa,  -■■•  / 116 

of  prisoners  of  war,  1899,  Ila,  4,   1907,  IVa,  4 103 

rnlfed   Ststm 

adhesi'^n   and   date   thereof    238.23*^ 

delegates  to  first  and  second  conferences 

ratifications    and    dates    thereof .232,  23>*,  239 

reservation    to    1S^99   Convention    I ■'4.234 

to    1899    Conveoiion    III    179. :i4 

1907    Convention     I     87.  24:.  243 

1907   Convention    II    05.  249 


302  INDEX-OIGKST 

Ptft 

„„,  219.259 

1907  Convtntion   XIII    208 

•ignitory  o(  1910  tddilional  protocol 

Vrucuay  2J2 

idhciion»  and  d»tM  thereof ^^ 

deletatti  to  tecond  conference jj^  j^g 

retervitioni   to    1907   Convention  11 .....20s',2S6 

to    1907    Convention    XII lot 

fignaiory  of    1910  idditional   protocol 

Vcnnorl*  2j2 

»dhe«ion»  and  ditct  thereof 24 

delegate  to  aecond  conference 

'"'T.urc  of  public  and  private,  in  occupied  territory.  1899.  II..  «:  1907.  IVa.  3.(n.) . .   125 

Vialt  *ad  acarcb  210 

in  neutral  watera.  1907,   XIII,  I ' '        jgj 

of  neutral  mail  ahips,  1907,  XI.  * 

Voeni  28 

reviiion  of  Geneva  Convention.    l(<9g,    f ^^ 

right!   and   duties   of   neutralj,    IH99,    f ■•'■      ^9 

typea  and  calibers  of  guns,   1899,   f •  •  •  • ^9 

limitation  of  armed  forces  and  war  budgeta,  1899,  f ■  •  •  •      ^^ 

private  property  in  naval  war,   1899,   f ' '  ■ ' '     ^^ 

naval  bombardment  of  ports,  etc.,   1899,  f ....28,31 

judicial   arbitration   court.    1907.   f • • •  •.         '  ' '  ' ' ' ,, 

maintenance  of  relauons  between  belligerent  and   neutral  countries.    1907.   f ^^ 

military  charges  on  reaident  aliens.  1907,  f ' '     ^^ 

taws  and  customs  of  naval  war,  1907,  f 

Volunteer  mid  aoelellea.    See  Relief  eocletlea. 

Volunteer  rorpa  107 

status,   1899,   Ila,  /;   1907,  IVa,  f 

not  interrupted  by  mediation,  1899,  I,  ;;   1907.  1.7 

W»r  Crimea.     See  under  Forbidden  mtt*. 

W.r  on  land.  See  nUo  Belligerent.;  Prl.oner.  of  w.r:  Oeoe«  Convention: 
Menn.  of  Injurin,  the  enemy:  Bomb.rdment:  Spy:  P«lemenUlr. :  C.plta- 
IMIon:  Armistice;  Occupied  territory.  .     ,  ,  inn 

laws  and  customs,  conventions,  1899.  II;  1907.  IV  (see  marginal  notes) ^.^.^100 

siRnatory.  ratifying  and  adhering  Powers ^^^   ^^^ 

reservations    made    

W»r  on  »e«.     See  N«t«I  w«r. 

War-ahlpa.  belligerent 

in  neutral  ports.     See  also  under  Internment. 

domestic   law   governing  to  he   notified  to   P"«"'-   »'";■    ^'V'  '^ 33 

increasing  armament,  crews,  or  war  material.    1907.   XIII.   IS ^^^ 

number  present  at  one  time.   1907.  XIII.  M ^12 

order  of  departure.   1907,  XIII,  'i 


INDEX-DIGEST 


303 


quuililjr  of  provUioiM  permitted,  1907,  XIII,  rff 211 

rcpiiri.  1907,   XHI,  if 213 

tilling  on    fuel     1907,   XIII.    n 21J 

thrce-monlhi   rule,   1907,   XIU,  Jo 213 

twenty-four-hour  inlervil  rule  u  to  departure  of  hostile  vcneli,  1907,  XIII,  IS 212 

twenty-four-hour  ttty  rule,   1907,  XIII,  u,  1$ 211,212 

exceptions:  damage  or  itreis  of  weather,  1907,  XIII,  t4 212 

religious,  scientific  and  philanthropic  misii^ns,  1907,  XIII,  t4 212 

conversion  of  merchantmen  into:  convention   1907,  V'll 146 

WUia 

of  prisoners  of  wsr,  1899,  lis,  19;  1907,  IVa,  19 115 

Wireless  telccrapba 

seiiure,  etc.,  rules  as  to,   1899,  Ila,  }}'■   •'<".  'Va,  jj 125 

Woaaded.     8m  Sick  mad  wounded. 

Yaehti 

belligerents  may  appeal  to  them  to  take  sick  and  wounded.  1907.  X.  9(n> 168 

taking  on  wounded  or  sick  can  not  be  captured  therefor.  1899,  III,  d;  1907,  X,  9 168 

wounded   and   sick   on   board   must  be   handed   over    to    demanding   belligerent,    1907, 

X,  »/(n)    170 

Zone,  danger 

notification  by  belligerent  to  mariners  through  diplomatic  channel,   1907,  VIII,  3  (rt 
mines)    15i 


